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CODE TITLES WITH THEIR VOLUME NUMBERS 



5. 
6. 

7. 
8. 

9. 

10. 



Volume 1. 

1. Administration of the Government. 

2. Aeronautics. 

3. Agriculture. 

4. Alcohol and Alcoholic Beverages. 
Amusements and Athletic Contests. 
Animals. 
Appeals. 

Banking, Commercial Paper and Fi- 
nance. 

Boards and Commissions. 
Civil Remedies and Procedure. 

11. Contracts and Agency. 

12. Corporations. 

Volume 2. 

13. Cotton. 

14. Counties. 

15. Courts. 

16. Crimes and Offenses. 

17. Criminal Procedure. 

18. Dams and Drains ; Sanitary , and 

Drainage Commissions and Dis- 
tricts. 

19. Decedents' Estates. 

20. Domestic Relations. 





Volume 3. 


21. 


Education. 


22. 


Educational Institutions 


23. 


Elections. 


24. 


Electricity. 


25. 


Eminent Domain. 


26. 


Evidence. 


27. 


Fees and Costs. 


28. 


Fish, Game, etc. 


29. 


Forestry. 


30. 


General Assembly. 


31. 


Guardian and Ward. 


32. 


Health. 



Volume 4. 

33. Highways, Bridges and Ferries. 

34. Homestead and Other Exemptions. 

35. Hotels, Boarding Houses, Restaurants 

and Tourist Camps. 



51. 
52. 



36. Housing and Redevelopment. 

37. Insurance. 

38. Juries and Jurors in Circuit Courts. 

39. Jurisdiction of State and United 

States. 

40. Labor and Employment. 

41. Landlord and Tenant. 

42. Libraries. 

43. Magistrates and Constables. 

44. Military, Civil Defense and Veterans' 

Affairs. 

45. Mortgages and Other Liens. 

46. Motor Vehicles. 

Volume 5. 

47. Municipal Corporations. 

48. Names. 

49. Notaries Public and Commissioners 

of Deeds. 

50. Officers and Employees. 
Parks and Playgrounds. 
Partnerships and Joint Stock Com- 
panies. 

53. Peace Officers. 

54. Ports and Maritime Matters. 

55. Prisons and Other Methods of Cor- 

rection. 

56. Professions and Occupations. 

57. Property and Conveyances. 

58. Public Service Companies. 

Volume 6. 

59. Public Works and Certain Public Au- 

thorities. 

60. Registration and Recordation. 

61. Retirement Systems. 

62. Securities. 

63. Soil Conservation and Improvement. 

64. Sundays, Holidays and Other Special 

Days. 

65. Taxation. 

66. Trade and Commerce. 

67. Trusts and Fiduciaries. 

68. Unemployment Compensation. 

69. Warehouses. 

70. Waters and Watercourses. 

71. Welfare. 

72. Workmen's Compensation. 

SCHOOL OF LAW 
STATE A. & M. CO 
Oraagebur*, South C,ro 



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CODE OF LAWS 

OF 

SOUTH CAROLINA 

1952 



IN EIGHT VOLUMES 



ANNOTATED 



Prepared under the supervision and direction of the 
Code Commissioner and the Committee on Statutory 
Laws of the General Assembly of South Carolina 



VOLUME 4 



THE MICHIE COMPANY 
Charlottesville, Va. 

THE LAWYERS CO-OPERATIVE PUBLISHING CO. 
Rochester, N. Y. 

1952 

LAW LIBRARY 

SCHOOL OF LAW 

STATE A. & M. COLLEGE 

Orangeburg, South Carolina 



Copyright 1952 

by 

The State of South Carolina 



Table of Contents 



VOLUME 4 



Title 33. 
Highways, Bridges and Ferries. 

Chapter Page 

1. General Provisions, §§33-1 to 33-6 1 

2. State Highway Department, §§ 33-21 to 33-84 3 

3. State Highway System, §§ 33-101 to 33-235 13 

4. Financial Matters, §§ 33-251 to 33-292 39 

5. Obstructions or Damages to Roads or Drainage Thereof, §§ 33-451 

to 33-515 47 

6. Highway Beautification, §§ 33-551 to 33-576 56 

7. Provisions Affecting Bridges Only, §§ 33-601 to 33-617 58 

8. Provisions Affecting Ferries Only, §§ 33-702 to 33-734- 63 

9. Provisions Affecting Privately Owned Toll Roads, Bridges and 

Ferries, §§ 33-760 to 33-7S3 69 

10. County Roads, Bridges and Ferries Generally, §§ 33-801 to 33-926 76 

11. County Road Taxes, §§ 33-951 to 33-1296 93 

12. Paving Districts in Counties with City of 70,000, §§33-1351 to 33- 

1372 126 

13. Special Provisions for Particular Counties, §§ 33-1401 to 33-1925 . . 133 

Title 34. 
Homestead and Other Exemptions. 

1. Homestead Exemption, §§ 34-1 to 34-14 195 

2. Other Exemptions, §§ 34-41 to 34-42 205 

3. Provisions Applicable to Both Homestead and Other Exemptions, 

§§ 34-61 to 34-65 207 

Title 35. 
Hotels, Boarding Houses, Restaurants and Tourist Camps 

1. General Provisions, §§ 35-1 to 35-7 -. 211 

2. Regulation by Municipalities, §§ 35-51 to 35-54 213 

3. Sanitary and Safety Provisions, §§ 35-101 to 35-142 214 

iii 



iv Code of Laws of South Carolina 

Chapter Page 

4. Tourist Camps and Road Houses, §§ 35-201 to 35-208 220 

5. Tourist Camps or Road Houses in Greenville County, §§ 35-301 to 

35-31 1 222 

Title 36. 
Housing and Redevelopment. 

1. State Housing Law, §§ 36-1 to 36-61 225 

2. The Housing Authorities Law, §§ 36-101 to 36-280 237 

3. The Housing Cooperation Law, §§ 36-301 to 36-307 273 

4. The Redevelopment Law, §§ 36-401 to 36-414 275 

5. Dwellings Unfit for Human Habitation in Municipalities of Over 

Five Thousand, §§ 36-501 to 36-511 281 

6. Investments in Housing Obligations, §§ 36-601 to 36-605 285 

7. Local Provisions, §36-651 287 

Title 37. 
Insurance. 

1. General Provisions, §§ 37-1 to 37-3 289 

2. Insurance Department, §§ 37-51 to 37-84 290 

3. Insurance Companies, Brokers and Agents Generally, §§ 37-101 

to 37-295 ! 298 

4. Domestic Mutual Insurers, §§ 37-351 to 37-426 342 

5. Accident and Health Insurance, §§ 37-451 to 37-551 351 

6. Surety Companies, §§37-601 to 37-617 367 

7. Fire, Marine and Inland Marine and Casualty and Surety Rates, 

§§ 37-651 to 37-752 '. 372 

8. Reciprocal Insurance, §§ 37-801 to 37-817 390 

9. Fraternal Benefit Associations, §§ 37-S51 to 37-975 395 

10. Mutual Benevolent Aid Associations, §§37-1001 to 37-1006 420 

11. Non-Profit Hospital Service Plan, §§ 37-1051 to 37-1074 421 

12. Medical Service Corporations, §§ 37-1101 to 37-1127 426 

13. Firemen's Insurance and Inspection Fund, §§ 37-1151 to 37-116S . . 433 

14. Unfair Practices, §§ 37-1201 to 37-1223 438 

Title 38. 
Juries and Jurors in Circuit Courts. 

1. General Provisions, §§ 3S-1 to 38-3 447 

2. Drawing and Summoning Jurors, §§ 38-51 to 38-88 448 

3. Disqualification, Exemptions and Excuse from Service as Jurors, 

§§ 38-101 to 38-109 462 

4. Objections and Challenges to Jurors and Empanelling of Juries, 

§§ 38-201 to 38-214 465 



Table of Contents • v 

Chapter Page 

5. Service as Jurors and Compensation Therefor, §§ 38-301 to 38-311 . . 474 

6. Grand Juries, §§ 38-401 to 38-410 479 

Title 39. 
Jurisdiction of State and United States. 

1. Jurisdiction and Boundaries of State, §§39-1 to 39-2 483 

2. Consent to Acquisition of Lands by United States Generally, 

§§ 39-51 to 39-95 485 

3. Specific Grants or Cessions of Jurisdiction, §§ 39-101 to 39-134 . . . 489 

Title 40. 
Labor and Employment. 

1. Department and Commissioner of Labor, §§40-1 to 40-36 519 

2. State Employment Service, §§ 40-41 to 40-44 524 

3. Hours of Labor, §§40-51 to 40-81 525 

4. Payment of Wages, §§ 40-101 to 40-149 530 

5. Child Labor Generally, §§40-161 to 40-166 540 

6. Master and Apprentice, §§ 40-201 to 40-21 1 541 

7. Health and Safety Regulations, §§ 40-251 to 40-257 545 

8. Conciliation of Industrial Disputes, §§ 40-301 to 40-307 547 

9. Certain Personal Service Contracts, §§40-351 to 40-359 549 

10. Contracts for Agricultural Labor, §§ 40-401 to 40-404 552 

11. Miscellaneous Provisions, §§40-451 to 40-456 554 

Title 41. 
Landlord and Tenant. 

1. General Provisions, §§41-1 to 41-5 557 

2. Creation, Construction and Termination of Leasehold Estates, 

§§ 41-51 to 41-73 559 

3. Ejectment of Tenants, §§41-101 to 41-115 565 

4. Collection of Rent by Distraint, §§ 41-151 to 41-165 569 

5. Other Provisions Respecting Rent, §§ 41-201 to 41-205 573 

6. Undertenants of Life Tenants, §§ 41-251 to 41-253 576 

Title 42. 
Libraries. 

1. State Library, §§ 42-1 to 42-11 579 

2. Library of the Supreme Court, §§ 42-51 to 42-52 581 

3. County, Township, School District and Municipal Libraries, §§ 42- 

101 to 42-126 582 

4. Regional Libraries, §§42-151 to 42-159 587 

5. State Public Library Association, §§ 42-201 to 42-205 589 



vi . Code of Laws of South Carolina 

Chapter p AGE 

6. State and County Aid for School Libraries, §§ 42-251 to 42-253 591 

7. Local Provisions, §§ 42-301 to 42-674 592 

Title 43. 
Magistrates and Constables. 

1. Magistrates Generally, §§ 43-1 to 43-22 637 

2. Jurisdiction -and Procedure in Magistrates' Courts, §§43-51 to 43- 

184 ' 644 

3. Search Warrants, Arrest, Preliminary Examinations, Commitment 

and Bail, §§ 43-201 to 43-262 677 

4. Constables Generally, §§ 43-301 to 43-331 687 

5. Local Provisions, §§ 43-501 to 43-1093 696 

Title 44. 
Military, Civil Defense and Veterans Affairs. 

1. The Military Code, §§ 44-1 to 44-224 768 

2. South Carolina State Guard. §§ 44-251 to 44-271 807 

3. South Carolina Civil Defense Act, §§ 44-301 to 44-308 811 

4. Treason, Sabotage, Regulations as to Aliens, etc., §§44-351 to 44- 

362 813 

5. Temporary or Emergency War Measures, §§ 44-401 to 44-475 .... 817 

6. Blank 827 

7. Confederate Pensions, §§ 44-551 to 44-566 827 

8. State and County Service Officers, §§ 44-601 to 44-632 831 

9. Other Provisions for Benefit of Veterans, §§ 44-654 to 44-660 .... 836 

10. Board of Officers of National Guard in Charleston, §§ 44-701 to 

44-706 838 

11. Confederate Home, §§ 44-751 to 44-757 840 

12. Woodrow Wilson Memorial Home, §§ 44-801 to 44-F04 842 

13. Chesterfield County World War II Memorial Commission, § 44-851 842 

14. Leaves of Absence for Public Employees in Service, § 44-861 .... 843 

Title 45. 
Mortgages and Other Liens. 

1. General Provisions, §§ 45-1 to 45-5 845 

2. Mortgages and Deeds of Trust Generally, §§ 45-51 to 45-98 848 

3. Provisions Affecting Mortgages, etc., of Chattels Only, §§ 45-151 to 

45-164 864 

4. Assignments of Accounts Receivable, §§ 45-201 to 45-21 1 871 

5. Mechanics Liens, §§ 45-251 to 45-293 874 

5.1. Lien of Laborers and Others on Contract Price, §§ 45-301 to 45-303 886 

6. Liens on Ships and Vessels, §§ 45-351 to 45-358 887 

7. Factors Liens on Merchandise, §§45-401 to 45-410 890 



Table of Contents vii 

Chapter Page 

8. Lien of Mining- and Manufacturing Employees, §§45-451 to 45-454 893 

9. Agricultural Liens, §§ 45-501 to 45-513 895 

10. Miscellaneous Other Liens, §§ 45-550 to 45-557 902 

Title 46. 
Motor Vehicles. 

1. Motor Vehicle Registration and Licensing Act, §§ 46-1 to 46-132 . . 909 

2. Licenses to Drive Motor Vehicles, §§ 46-151 to 46-191 934 

3. The Uniform Act Regulating Traffic on the Highways, §§ 46-201 

to 46-691 944 

4. Operation of Motor Vehicles on Beaches, §§ 46-751 to 46-758 1015 

5. Miscellaneous Provisions, §§ 46-801 to 46-806 1016 

6. Enforcement; State Highway Patrol, §§ 46-S51 to 46-856 1019 



CODE OF LAWS OF SOUTH CAROLINA 

1952 

Title 33. 
Highways, Bridges and Ferries.* 

Chap. 1. General Provisions, §§ 33-1 to 33-6. 

2. State Highway Department, §§ 33-21 to 33-84. 

3. State Highway System, §§ 33-101 to 33-235. 

4. Financial Matters, §§ 33-251 to 33-292. 

5. Obstructions or Damages to Roads or Drainage Thereof, §§ 33-451 

to 33-515. 

6. Highway Beautification, §§ 33-551 to 33-576. 

7. Provisions Affecting Bridges Only, §§ 33-601 to 33-617. 

8. Provisions Affecting Ferries Only, §§ 33-702 to 33-734. 

9. Provisions Affecting Privately Owned Toll Roads, Bridges and 

Ferries, §§ 33-760 to 33-783. 

10. County Roads, Bridges and Ferries Generally, §§ 33-S01 to 33-926. 

11. County Road Taxes, §§ 33-951 to 33-1296. 

12. Paving Districts in Counties with City of 70,000, §§33-1351 to 33- 

1372. 

13. Special Provisions for Particular Counties, §§ 33-1401 to 33-1925. 



CHAPTER 1. 
General Provisions. 

Sec. Sec. 

33-1. Definitions. 33-4. Names of highways and bridges. 

33-2. Assent to Acts of Congress providing 33-5. Lighting Congaree River Bridge. 

Federal aid for highways and re- 33-6. Bribery, etc., of State Highway Com- 
lated projects. missioners and employees. 

33-3. Numbering and renumbering high- 
ways. 



* As to motor vehicles generally, see Title 46. As to navigable streams and watercourses 
as common highways, see § 70-1. As to dams and drains generally, see Title 18. As to 
signals to be given at crossings, see § 58-743. As to railroad crossings generally, see 
§§ 58-991 to 58-1010. As to regulation and elimination of railroad crossing, see §§ 58-801 
to 58-825. As to cooperation of State Highway Department with railroad in regard to 
alteration of grade separation structure, see §§ 58-831 to 58-835. As to consent required 
for highway on State Hospital grounds, see § 32-981. As to streets and sidewalks in 
municipal corporations generally, see §§ 47-1301 to 47-1358. As to construction of streets 
and roads on Hunting Island, Beaufort County, see § 51-243. As to use of highways by 
military forces of State, see § 44-133. As to cooperation by Governor in troop movements 
on highways, see §§ 44-461 to 44-465. 

[4 SC Code] — I 1 



§ 33-1 Code of Laws of South Carolina § 33-5 

§33-1. Definitions. 

The terms "highway," "street" and "road" as used herein shall be general 
terms denoting a public way for the purpose of vehicular travel, including 
the entire area within the right of way, and the terms shall include roadways, 
pedestrian facilities, bridges, tunnels, viaducts, drainage structures and all 
other facilities commonly considered component parts of highways, streets or 
roads. The term "roadway" shall mean that portion of a highway improved, 
designed or ordinarily used for vehicular travel, exclusive of the shoulder 
or berm. In the event a highway includes two or more separate roadways, 
the term "roadway" as used herein shall refer to any such roadways separately 
but not to all such roadways collectively. 

1951 (47) 457. 

§ 33-2. Assent to Acts of Congress providing Federal aid for highways and 
related projects. 

The assent of the State is hereby given to the terms and provisions of an 
Act of Congress, approved July 11 1916, entitled "An Act to Provide that the 
United States Shall Aid the States, in the Construction of Rural Post Roads 
and for Other Purposes," and acts amendatory thereof and any other act 
providing for Federal-aid to the states for the construction of highways and 
other related projects. The good faith of the State is hereby pledged to pro- 
vide sufficient funds to meet the requirements of said Federal act, so as to 
acquire the benefits thereof. 

1951 (47) 457. 

§ 33-3. Numbering and renumbering highways. 

The State Highway Department may number and renumber State high- 
ways whenever it considers it necessary or desirable. This specifically au- 
thorizes the change in the numbers of routes as numbered by The State 
Highway Act of 1924, known as the Pay-As-You-Go-Act, and other acts desig- 
nating highways by numbers. The authority herein given to the Depart- 
ment to renumber the highways mentioned and described in the highway 
act of 1924, commonly known as the Pay-As-You-Go-Act, and all other acts 
shall not in any way relieve the Department in the construction of the roads 
mentioned and described therein 

1951 (47) 457. 

§ 33-4. Names of highways and bridges. 

All names given prior to June 13 1951 to highways or bridges pursuant to 
legislative action shall be retained. 

1951 (47) 457. 

§ 33-5. Lighting Congaree River Bridge. 

The State electrician shall permit the State Highway Department to use 
so much of the surplus current as is referred to in the preamble of Act No. 
1194 of the 1930 Acts for the purpose of lighting the Congaree River bridge, 
until such time as the State shall need such surplus current for the purposes 

2 [4SCCode] 



§ 33-6 Highways, Bridges and Ferries § 32-6 

of State institutions. No contractual obligation is hereby assumed by the 
State for the purpose of lighting said bridge, and this section is intended to 
permit the use of such surplus current only until it is needed by the State. 
No funds of the Department shall in any way be involved in lighting said 
bridge, other than to maintain the lighting structures already erected on 
said bridge. The maintenance of such lighting structures shall be provided by 
the Department as other maintenance for the bridge. The State electrician 
shall not make any charge for the use of such current, any law or rule to the 
contrary notwithstanding. The State electrician shall discontinue the lighting 
of said bridge at such a time as it may appear to the State electrician that the 
State needs the current for ordinary purposes of the State. 
1951 (47) 457. 

§ 33-6. Bribery, etc., of State Highway Commissioners and emplo3^ees. 

Whoever, being a member of the State Highway Commission or engineer, 
agent or other employee, acting for or in behalf of the Department or Com- 
mission, shall accept or agree to accept, receive or agree to receive or ask or 
solicit, either directly or indirectly, and any person who shall give or offer 
to give or promise or cause or procure to be promised, offered or given, either 
directly or indirectly, to any member of the Commission or any engineer, 
agent or other employee acting for or on behalf of the Commission or De- 
partment, (a) any moneys, (b) any contract, promise, undertaking, obligation, 
gratuity or security for the payment of money or for the delivery or convey- 
ance of anything of value, (c) any political appointment or influence, present 
or reward, (d) any employment or (e) any other thing of value, with the in- 
tent to have his decision or action on any question, matter, cause or proceed- 
ing which may at the time be pending or which may by law be brought before 
him in his official capacity or in his place of trust or profit influenced thereby, 
shall be guilty of a felony and, upon conviction, shall be imprisoned in the 
penitentiary not less than one nor more than five years and shall forever 
after be disqualified from holding any office of trust or profit under the Con- 
stitution or laws of this State. 

1951 (47) 457. 

CHAPTER 2. 
State Highway Department. 

Article 1. Article 2. 

The Department. The State Highway Commission. 

Sec. Sec. 

35-21. Establishment and general functions. 33-31. Composition of Commission. 

33-22. Government of Department. 33-32. Election and term of commissioners. 

33-23. Departmental divisions. 33-33. Vacancies. 



§ 33-21 



Code of Laws of South Cakoi.ixa 



§ 33-23 



Sec. 

33-34. Rotation of office: nominations. 
33-35. Compensation of commissioners. 
33-36. Officers; rules and procedures. 
33-37. Seal of Commission. 

Article 3. 

Chief Highway Commissioner and Other 
Personnel. 



33-51. 



33-52. 
33-53. 

33-54. 

33-55. 
33-56. 

33-57. 
33-5S. 
33-59. 
33-60. 

33-61. 



Chief Highway Commissioner; ap- 
pointment, qualifications, pay and 
removal. 

Oath and bond. 

General duties of Chief Highway 
Commissioner. 

Appointment of assistants by Com- 
missioner. 

Secretary-Treasurer of Department. 

Bond and oath of Secretary-Treas- 
urer. 

State Highway Engineer. 

Merit system for personnel. 

First aid to injured employees. 

Payment of workmen's compensa- 
tion claims. 

Construction and effect of §§ 33-59 
and 33-60. 



Article 4. 
Duties and Powers Generally. 

Sec. 

33-71. General powers. 

33-72. Entry into contracts. 

33-73. Department may bring suits. 

33-74. Driveways and roads in State parks. 

33-75. Improvement of streets at State in- 
stitutions. 

33-76. Cooperation with United States Bu- 
reau of Public Roads. 

33-77. Same; when project not part of State 
system. 

33-78. Construction of county roads by 
State Highway Department. 

33-79. Department may act for counties. 

33-80. Counties to make payments and li- 
able for damages. 

33-81. Cooperation with drainage districts 
in carrying drainage canals across 
State highways. 

33-82. Sale of unserviceable materials and 
equipment. 

33-83. Records to be kept. 

33-84. Annual report of Department. 



Article 1. 

The Department. 

§ 33-21. Establishment and general functions. 

There is hereby established, as an administrative agency of the State 
Government, the South Carolina State Highway Department. Its functions 
and purposes shall be the systematic planning, construction, maintenance 
and operation of the State highway system, the regulation of traffic thereon, 
the administration and enforcement of traffic, driver and motor vehicle laws 
and other laws relating to such subjects and the performance of such other 
duties and matters as may be delegated to it pursuant to law. 

1951 (47) 457. 

§ 33-22. Government of Department. 

The Department shall be governed by the State Highway Commission of 
South Carolina and the Chief Highway Commissioner. 

1951 (47) 457. 



§ 33-23. Departmental divisions. 

The Department shall be divided into such divisions as the Commission 
or the Chief Highway Commissioner may prescribe but shall consist of at 
least three principal divisions, one of which shall be the engineering division, 
another the motor vehicle division and another the law enforcement division. 
But the motor vehicle division and the law enforcement division may be com- 

4 



§33-31 Highways, Bridges and Ferries §33-32 

bined under one director. Other ancillary or service divisions may be set up 
by the Department as may be necessary for the efficient and economical op- 
eration of the Department and to carry out the functions and purposes of the 
Department. 
1951 (47) 457. 

Article 2. 
The State Highway Commission. 

§ 33-31. Composition of Commission. 

The several judicial circuits of the State are for the purposes of this Title 
hereby constituted and created highway districts of the State, designated 
by numbers corresponding to the numbers of the respective judicial circuits. 
For each of such highway districts there shall be chosen in the manner and 
for the terms of office herein provided a highway commissioner to be known 
as a district highway commissioner. The several commissioners so chosen 
shall constitute as a body the State Highway Commission of South Carolina. 

1951 (47) 457. 

§ 33-32. Election and term of commissioners. 

Upon the expiration of the terms of office of the present district highway 
commissioners, (the terms of the commissioners for the second, ninth, tenth, 
twelfth and fourteenth districts expiring April 15 1954, those for the third, 
eighth, eleventh and thirteenth districts April 15 1955 and those for the 
first, fourth, fifth, sixth and seventh districts April 15 1952). the district high- 
way commissioners shall be chosen as provided herein for a term of office of 
four years, which shall expire on April 15 of the appropriate year. The legis- 
lative delegations representing the counties of each highway district herein cre- 
ated shall meet upon written call of a majority of the members of the delega- 
tions of each highway district at a time and place to be designated in such call 
for the purpose of electing a highway commissioner to represent such highway 
district. A majority present, either in person or by written proxy, of the 
members of the county legislative delegations from a given highway district 
shall constitute a quorum for the purpose of electing a district highway com- 
missioner, but no person shall be declared elected district highway commis- 
sioner who shall fail to receive a majority vote of all the members of the 
county legislative delegations from the highway district. The joint county 
legislative delegations of each highway district shall be organized by the 
election of a chairman and a secretary and such joint legislative delegations 
shall, subject to the provisions of § 33-34, adopt such rules as they deem proper 
to govern the election. Any absentee may vote by written proxy. When the 
election is completed the chairman and secretary of the joint county legis- 
lative delegations of each highway district shall immediately transmit the 
name of the person elected to the Secretary of State, who shall forthwith 
issue to such person, after he has -taken the usual oath of office, a certificate 
of election as district highway commissioner. The Governor shall thereupon 

5 



§ 33-33 



Code of Laws of South Carolina 



§ 33-34 



hwith issue a commission to such person and pending such issuance the 
aforementioned certificate of election shall be a sufficient warrant to such 
person to perform all of the duties and functions of his office as commis- 
sioner. Each district highway commissioner shall serve until his successor 
shall have been elected and qualified. 
1951 (47) 457. 



Title to office. — Where it was contended 
that the action of the General Assembly in 
terminating the terms of office of certain 
of the Highway Commissioners whose 
terms had not expired under the act of 
1924 (33 St. at Large, p. 1168"), as amended 
(Code 1952, §5867), deprived those Com- 
missioners of their property without due 
process of law by enacting this section, it 
was held that while it was true that under 
the decision of Hearon v. Calus, 178 S. C. 
381, 183 S. E. 13 (1936), the title of the 
Commissioner's office was held to be a 
property right, entitled to protection of the 
due process clauses of the State and Federal 
Constitutions, it was due process for the 
legislature that created the office and fixed 
the term to change it at its will. The com- 
missioners took title to the office subject 
to the knowledge that the legislature could 
abolish the office or provide for the elec- 



tion of members in a method different from 
that established in the Code of 1932. State 
v. Lewis. 1S1 S. C. 10, 186 S. E. 625 (1936). 

Commission only evidence of office. — The 
Governor in issuing a commission acts 
merely ministerially; the commission does 
not confer the office nor the term or time 
for which it exists depends upon the com- 
mission, which is only evidence of the ap- 
pointment or election; therefore the Com- 
missioners of this article may fully dis- 
charge the duties of their office with or 
without a commission. State v. Lewis, 181 
S. C. 10, 186 S. E. 625 (1936). 

Quorum. — Bodies and boards of this kind 
operate and lawfully function with a quo- 
rum usually consisting of a majority, and a 
vacancy under this section would not be 
fatal, the action of a majority being suffi- 
cient. State v. Lewis, 181 S. C. 10, 186 
S. E. 625 (1936). 



§ 33-33. Vacancies. 

Any vacancy as district highway commissioner occurring by death, resig- 
nation or removal shall be filled by election in the manner provided in § 33-32 
for the unexpired term only. Any vacancy as district highway commissioner 
occurring or approaching on account of the expiration of the term of office may 
be filled by election as provided in this section at any time within sixty days 
prior to the expiration of such term of office or afterwards. 

1951 (47) 457. 

§ 33-34. Rotation of office; nominations. 

Representation of a given highway district on the Commission shall be 
rotated among the counties of the district, except by unanimous consent of all 
members of the county legislative delegations from the district. No district 
highway commissioner elected under the provisions of this article shall suc- 
ceed himself in office except by unanimous consent of the members of the 
county legislative delegations from the district. The legislative delegation 
of any county entitled to a district highway commissioner under the provisions 
of this section shall nominate three suitable persons for the office, one of whom 
shall be elected district highway commissioner by a majority vote of all 
of the members of the county legislative delegations representing the district. 

1951 (47) 457. 



§ 33-35 Highways, Bridges axd Ferries § 33-53 

§ 33-35. Compensation of commissionsrs. 

Each district highway commissioner shall receive compensation and official 
expenses as provided by law for members of State boards and commissions. 

1951 (47) 457, 506. 

§ 33-36. Officers; rules and procedures. 

The State Highway Commission shall select its chairman and other officers 
to serve for such terms as the Commission may designate. The Commission 
shall adopt its own rules and procedures. The Secretary-Treasurer of the 
State Highway Department shall act as secretary of the Commission. 

1951 (47) 457. 

§ 33-37. Seal of Commission. 

The Commission may adopt an official seal for use on official documents 
of the Department. 

1951 (47) 457. 

Article 3. 
Chief Highway Commissioner and Other Personnel. 

§33-51. Chief Highway Commissioner; appointment, qualifications, pay and 
removal. 

The Chief Highway Commissioner shall be appointed by the State High- 
way Commission to serve for a four-year term. A person appointed to this 
position shall be a citizen of practical and successful business and executive 
ability. His compensation shall be fixed by the Commission. The right to re- 
move or discharge a person holding the position of Chief Highway Commis- 
sioner shall be reserved to the Commission. 

1951 (47) 457. 

The office of Chief Highway Commis- where the incumbent holds office for a fixed 

sioner constitutes a public office and the and definite term. State v. Wannamaker, 

incumbent is a public officer. State v. 213 S. C. 1, 48 S. E. (2d) 601 (1948). 

Wannamaker, 213 S. C. 1, 48 S. E. (2d) The word "discharge" is used as synony- 

601 (1948). mous with "remove." State v. Wanna- 

This section does not authorize summary maker, 213 S. C. 1, 48 S. E. (2d) 601 (1948). 
removal at the pleasure of the Commission 

§ 33-52. Oath and bond. 

The Chief Highway Commissioner shall take and return the oath of office 
as prescribed for all State officers. Immediately upon qualification for office 
he shall give bond to the State in the sum of fifty thousand dollars for the 
faithful performance of his duties. 

1951 (47) 457. 

§ 33-53. General duties of Chief Highway Commissioner. 

The Chief Highway Commissioner shall be the executive and administra- 
tive head of the Department. He shall carry out the policies defined by the 
State Highway Commission and shall administer the affairs of the Department. 

7 



§33-54 Cohf. of Laws of South Carolina §33-58 

When the Commission shall not be in session, the said Chief Highway Com- 
missioner shall have and may exercise all powers belonging to the Commission. 
1951 (-17) 457. 

§ 33-54. Appointment of assistants by Commissioner. 

The Chief Highway Commissioner may appoint such assistants, deputies 
and employees as he considers necessary to the proper administration of the 
affairs of the Department and may prescribe their duties, powers and functions. 

1951 (47) 457. 

§ 33-55. Secretary-Treasurer of Department. 

There shall be a Secretary-Treasurer of the South Carolina State Highway 
Department. The Secretary-Treasurer shall be the fiscal officer of the De- 
partment, who shall, in addition to his duties as fiscal officer, record the pro- 
ceedings of the Commission. The Secretary-Treasurer shall be appointed by 
the Commission to serve in office at the pleasure of the Commission. His 
compensation shall be fixed by the Commission. 

1951 (47) 457. 

§ 33-56. Bond and oath of Secretary-Treasurer. 

The Secretary-Treasurer shall, before entering upon the duties of his office, 
give bond to the State in the sum of fifty thousand dollars for the faithful 
performance of his duties. He shall take and return the oath of office as pre- 
scribed for all State officers. 

1951 (47) 457. 

§ 33-57. State Highway Engineer. 

There shall be a State Highway Engineer. The State Highway Engineer 
shall be the administrative head of the engineering division and, as such, shall 
direct the highway engineering work of the Department and the activities of 
said engineering division. The Engineer shall be appointed by the Commis- 
sion to serve in office at the pleasure of the Commission. His compensation 
shall be fixed by the Commission. A person appointed to the position of 
State Highway Engineer shall be a competent engineer, skilled and experi- 
enced in highway planning, design, construction and maintenance, and shall 
be an engineering graduate of a college or university with an accredited course 
in engineering. The selection of the Engineer may be based upon a civil 
service examination, under rules and regulations to be made and promulgated 
by the Commission. The Engineer shall take and return the oath of office 
as prescribed for all State officers. 

1951 (47) 457. 

§ 33-58. Merit system for personnel. 

Appointments of persons to employment within the Department and promo- 
tions, demotions, transfers, separations, leaves and similar matters may be 
based upon a merit system of personnel administration which the Department 

S 



§33-59 Highways. Bridges and Ferries §33-71 

may institute pursuant to rules and regulations promulgated therefor by the 
Commission. 
1951 (47) 457. 

§ 33-59. First aid to injured employees. 

The State Highway Department may furnish all necessary first aid to em- 
ployees of the Department who may be injured while engaged in the discharge 
of official duties assigned them by the Department. Such first aid may con- 
sist of medical and surgical attention ordinarily incident to physical injuries 
of the kind sustained, together with necessary hospitalization. Claims for 
medical and surgical attention for hospital care given employees of the De- 
partment on account of injuries of the kind contemplated in this section may 
be submitted directly to the Department for payment after verification. But 
if any such claim may in the judgment of the Department appear excessive 
in amount, considering the character and extent of the service rendered, then 
such claim shall be submitted to the State Board of Health for examination 
as to reasonableness and the State Highway Department shall pay on account 
of the claim only such amounts as the State Board of Health may approve as 
reasonable and proper under the circumstances and shall not be liable on ac- 
count of such claim. 

1951 (47) 457. 

§ 33-60. Payment of workmen's compensation claims. 

The State Highway Department may pay from State highway funds claims 
of employees of the Department, arising under the provisions of the Work- 
men's Compensation Law, which are recommended for payment by the De- 
partment and have the approval of the State Industrial Commission. 

1951 (47) 457. 

§ 33-61. Construction and effect of §§ 33-59 and 33-60. 

Sections 33-59 and 33-60 have no purpose other than to authorize the State 
Highway Department to give reasonable attention to its employees who may 
be injured in the discharge of their official duties and leaves with the Depart- 
ment full discretion to determine the reasonable necessities in each case. 
None of the provisions thereof shall serve to increase any responsibility or 
liability imposed upon the Department by existing laws, nor shall they affect 
or impair in any way the effects or operation of the State Workmen's Compen- 
sation laws. 

1951 (47) 457. 

Article 4. 
Duties and Powers Generally. 

§33-71. General powers. 

(1) Lay out, build and maintain public highways and bridges; 

(2) Acquire such lands and road building materials and rights of way as 
may be needed for roads and bridges by purchase, gift or condemnation; 

9 



§33-72 Code of Laws of Soi in Carolina §33-74 

(3) Cause the State highways to be marked with appropriate directions for 
travel and regulate the travel and traffic along such highways, subject to the 
laws of the State ; 

(4) Conduct highway research ; 

(5) Cooperate with the Federal Government in the construction of Fcd- 
eral-aid highways and research in connection therewith; 

(6) Instruct, assist and cooperate with the county and other local govern- 
ment authorities in street, highway and traffic matters when requested to do 
so and, if requested by county and other local government authorities, super- 
vise or furnish engineering supervision for the construction and improvement 
of roads and bridges, provided such duties do not impair the attention to be 
given the highways in the State highway system ; 

(7) Carry out highway safety programs ; 

(S) License and register motor vehicles and administer the collection of 
license and registration fees and penalties; 

(9) Examine and license motor vehicle drivers ; 

(10) Engage in driver training and safety activities ; 

(11) Enforce the traffic, motor vehicle and related laws; and 

(12) Do all other things required or provided for by law. 
1951 (47) 457. 

§ 33-72. Entry into contracts. 

The State Highway Department may enter into such contracts as ma}- be 
necessary for the proper discharge of its functions and duties and may sue 
and be sued thereon. 

1951 (47) 457. 

§33-73. Department may bring suits. 

The State Highway Department may bring suits in its name, whenever a 
cause of action shall accrue to the State by reason of the injury, damage, 
destruction or obstruction of any road in the State highway system, any 
bridge, culvert, ditch, causeway, embankment, wharf, toll gate, toll house or 
other facility or any equipment, apparatus or property, real or personal, be- 
longing to the Slate highway system. It may also bring suits in its name 
whenever subrogation shall arise by reason of payments made to officers 
or employees of the Department pursuant to the Workmen's Compensation 
Law. Suits for the recovery of appropriate damages, and other proceedings 
incident thereto, shall be instituted in any court of competent jurisdiction, 
for and in behalf of the State in the name of the Department as plaintiff. 
Complaints and other pleadings requiring verification may be verified by the 
Chief Highway Commissioner or any other person duly authorized by him. 

1951 (47) 457. 

§ 33-74. Driveways and roads in State parks. 

The State Highway Department may construct and maintain necessary 
driveways and roads in State parks. All work to be performed by the De- 
partment pursuant to the provisions of this section shall be with the consent 

10 



§ 33-75 Highways, Bridges and Ferries § 33-77 

and approval of the South Carolina State Commission of Forestry and such 
work shall not result in the assumption by the Department of any liability 
whatsoever on account of damages to property, injuries to persons or death 
growing out of or in any way connected with such work. Such driveways and 
roads taken over in State parks shall not affect the respective counties' portion 
of mileage to be taken over by the Department under any other statute. 
The construction and maintenance work by the Department authorized by 
this section shall be paid for from the State highway fund. 
1951 (47) 457. 

§ 33-75. Improvement of streets at State institutions. 

The State Highway Department may hard surface and otherwise improve 
such streets, roads and driveways, including sidewalks, at State institutions 
as the Department, together with the Board of Trustees or other governing 
body of any such State institution, may deem necessary. The cost of such 
improvements shall be paid for out of the State highway fund. 

1951 (47) 457. 

§ 33-76. Cooperation with United States Bureau of Public Roads. 

The State Highway Department shall cooperate and enter into contracts 
with the United States Bureau of Public Roads and do any and all things 
necessary to carry out the provisions of the Federal-aid Highway Act men- 
tioned in § 33-2 and amendments thereto, including, but not limited to, the 
planning, construction and maintenance of Federal-aid highways, access roads, 
flight strips and all other eligible projects, regardless of whether such proj- 
ects are a part of the State highway system and may condemn or otherwise 
acquire lands necessary for rights of way in connection therewith under the 
procedure prescribed by law in condemning and acquiring lands for State high- 
way purposes. 

1951 (47) 457. 

§ 33-77. Same ; when project not part of State system. 

If any such project to be constructed under the provisions of § 33-76 is not 
a part of the State highway system, no part of the actual costs of right-of-way, 
construction or maintenance shall be paid from State highway funds. Any 
political subdivision having jurisdiction over a project not a part of the State 
highway system shall deposit with the State Highway Department its esti- 
mated share of the cost of such project before the contract is awarded, except 
that State highway funds may be advanced to meet current payments to con- 
tractors and others when existing agreements provide for reimbursements by 
the Federal Government of such funds advanced by the Department. Article 
6 of chapter 3 of this Title shall not apply to any project that is not a part 
of the State highway system. 

1951 (47) 457. 

11 



§ 33-78 Code of Laws of South Carolina § 33-82 

§ 33-78. Construction of county roads by State Highway Department. 

Whenever the State Highway Department shall with Federal funds, under- 
take the construction of any county road or shall, in anticipation of Federal 
funds becoming available for such purpose, establish the location of any such 
road, the lawfully authorized officials of the county concerned shall provide, 
without cost to the Department, all necessary rights of way for such con- 
struction, including lands for borrow and material pits. In order to secure 
such rights of way and other necessary lands such count}- officials may exer- 
cise any or all of the usual powers of condemnation lawfully authorized to be 
exercised by them in the case of other county roads. 

1942 Code § 5866-1; 1936 (39) 1309. 

§ 33-79. Department may act for counties. 

With the approval of the State Highway Commission, such county offi- 
cials may designate the State Highway Department, acting through its agents 
and employees, as agents of the county in securing necessary rights of way 
and other lands. In case of such designation, the Commission, or any three 
members thereof, may exercise the powers of condemnation, for and on be- 
half of the county, following the procedure established by law to govern the 
condemnation of the property for State highway purposes. 

1942 Code § 5866-1; 1936 (39) 1309. 

§ 33-80. Counties to make payments and liable for damages. 

All payments to be made or obligated on account of rights of way and 
other lands acquired for the purposes contemplated by § 33-7S shall be made by 
the county on order of the State Highway Department. Any person having 
any claim on account of damages to property, injuries to person or death 
growing out of any such construction as is contemplated in said section shall 
have such right of action against the county concerned as is authorized by 
law and the remedy thus afforded shall be exclusive. 
1942 Code § 5866-1; 1936 (39) 1309. 

§ 33-81. Cooperation with drainage districts in carrying drainage canals across 
State highways. 

The State Highway Department may cooperate with any drainage district 
within the State, organized in accordance with the laws of the State, in order 
to carry drainage canals across State highways. But the cost to be assumed by 
the Department incident to any such crossing shall not exceed the actual cost 
of the structure necessary to carry the waters of the drainage canal across 
the State highway. 

1951 (47) 457. 

§ 33-82. Sale of unserviceable materials and equipment. 

The State Highway Department may sell any materials or equipment owned 
by it, after such equipment has become entirely unserviceable and can be 
properly classed as junk. The Department may determine the procedure to 
be followed in establishing that any particular material or equipment is in 

12 



r 



§ 33-83 Highways, Bridges and Ferries § 33-84 

fact junk. All sales of unserviceable materials and equipment by the De- 
partment shall be made in public to the highest bidder, after advertising for 
fifteen days, and the funds derived from such sales shall be turned over to the 
State Treasurer and credited by him to the State highway fund. 
1951 (47) 457. 

§ 33-83. Records to be kept. 

A full account of each road project shall be kept by the State Highway 
Department so that it may ascertain at any time the expenditures or liabilities 
against all projects. The Department shall also keep records of contracts 
and force account work. The account records, together with all supporting 
documents, shall be open at all times to the inspection of the Governor or 
other proper State officials or their agents. 

1951 (47) 457. 

§ 33-84. Annual report of Department. 

The State Highway Department shall, during each regular session of the 
General Assembly, make a full printed detailed report to the General As- 
sembly showing the construction and maintenance work and the cost of the 
same, receipts of gasoline taxes and motor vehicle license fees, disbursements 
of the Department and such other data as may be of interest in connection with 
the work of the Department. 

1951 (47) 457. 

CHAPTER 3. 
State Highway System.* 

Article 1. Sec. 

Composition of and Change in System. 33-123. Minimum width of rights of way. 

33-124. Sale or other disposition of real 

Sec - estate. 

33-101. What constitutes. 33-125. Condemnation procedure generally; 

33-102. Primary and secondary systems. condemnation by county authori- 

33-103. Composition of primary system. ties. 

33-104. Composition of secondary system. 33-126. Condemnation for streets or mate- 

33-105. Transfers between systems. rials therefor. 

33-106. Certain additions to primary sys- 33-127. Condemnation of property of pub- 

tem permitted. lie service corporations. 

33-107. Belt lines and spurs. 33-128. Panel for condemnation boards; ap- 

33-108. Other additions prohibited. pointment and term. 

33-109. Relocations in Federal and State 33-129. Selection of boards. 

primary systems. 33-130. Disqualification of board members. 

33-110. Abandonment of section of re- 33-131. Compensation of condemnation 

located highway. board members. 

33-111. Blank. 33-132. Notice to owners. 

33-112. State highways within municipali- 33-133. Notice to infants, etc.; guardians 

ties. ad litem. 

Article 2. 33-134. Demand for jury to assess dam- 

ages; survey not to be prevented 

Rights of Way, Lands and Condemnation. thereby. 

33-121. Ownership of real estate. 33-135. Actual value and special damages 

33-122. Acquisition of property generally. to be considered. 

* As to use of surface treatment on streets and roadways of Greenville, see § 49-1599.5. 

13 



Code of Laws of South Carolina 



Sec. 

33-136. Consideration of benefits. 

33-137. Hearing and decision of board. 

33-138. Tender of award. 

33-139. Appeal to court. 

33-1-40. Effect of appeal as suspending 
work. 

33-141. Abandonment of appeal. 

33-142. Payment of award to clerk and pro- 
cedure for disbursement thereof. 

33-143. Award to be paid by Department. 

33-144. Deeds, etc., to be filed and indexed. 

33-145. Effect of such filing and indexing 
and of existence of road. 

33-146. Records to be maintained in clerk's 
office. 

33-147. Cost of right of way part of cost 
of construction. 

33-148. Rights additional to those of county 
authorities. 

Article 3. 
Construction of System. 

Construction simultaneous and 
equitable in several districts. 

Standards of construction. 

Removal of view obstructing dirt 
banks at intersections. 

Construction of Federal-aid second- 
ary highways. 

Contracts with counties for farm- 
to-market roads. 

Same; Abbeville County. 

Projects in which water controlling 
device reduces cost of highway 
construction. 

Execution of such agreements; va- 
lidity. 

Construction of such project. 

Proportion of Department's pay- 
ments for such projects. 

Extent of construction, etc., in mu- 
nicipalities; city utilities. 

Consent of municipality to such 
construction. 

Assent of municipality to plans and 
effect thereof. 

Department's liability for damages 
resulting from work in a munic- 
ipality. 

Alterations by municipality. 

From what funds system built. 



33-161, 

33-162, 
33-163. 

33-164. 

33-165. 

33-166. 
33-167. 

33-168. 

33-169. 
33-170. 

33-171. 

33-172. 

33-173. 

33-174. 



33-175. 
33-176. 



Article 4. 
Certain Special Projects or Authorizations. 

33-191. Investigation as to need and costs 
of certain thoroughfare in Colum- 
bia. 

33-192. Construction of such thoroughfare. 



Sec. 

33-193. Changes in highways in locality of 
Clark Hill project. 

33-194. Consideration for conveyances to 
Federal Government in connection 
villi such project. 

33-195. Execution of deeds, etc., for such 
project. 

33-196. Powers of county authorities with 
respect to such project. 

33-197. Substitution of other mileage for 
highways abandoned in connec- 
tion with such project. 

33-198. Relocation in connection with Sa- 
vannah River Plant. 

33-199. Same; contracts with and deeds to 
Federal Government. 

33-200. Authority of county as to roads af- 
fected by Savannah River Plant. 

33-201. State highways in locality of San- 
tee-Cooper project. 

33-202. Public Service Authority and De- 
partment to construct road across 
Santce Dam. 

33-203. Construction of new bridge over 
Ashley River near Charleston. 

33-204. Construction of bridge across Broad 
River. 

33-205. Construction of new bridge over 
Congaree River near Columbia. 

33-206. Department may agree to operate 
proposed drawbridge?. 

33-207. Design, etc., of one of such draw- 
bridges. 

Article 5. 
Construction Contracts and Purchases. 

33-221. Funds must be available for con- 
struction obligations. 

33-222. Advertisement for contracts or pur- 
chases over one thousand dollars. 

33-223. Regulations as to qualifications of 
contractors permitted to bid on 
work. 

33-224. Amount of contractors' bonds. 

33-225. Highway contractors' bonds to be 
written locally. 

33-226. Commissions on such bonds. 

33-227. Compensation of contractors for 
losses caused by injunctions. 

33-228. Purchase of motor fuels and gaso- 
line. 

Article 6. 
Damage Claims. 



33-229 
33-230, 



When suits may be brought; extent 
of recovery. 

Filing of claim within 180 days re- 
quired; when suit must be 
brought. 
33-231. Settlements. 



14 



§ 33-101 Highways, Bridges and Ferries § 33-104 

Sec. Sec. 

33-232. When absence of contributory neg- 33-234. Liability for damages arising with- 

ligence must be alleged. in a municipality. 

33-233. Suits in cases of death. 33-235. Source of funds for payments. 

Article 1. 
Composition of and Change in System. 

§ 33-101. What constitutes. 

The State highway system shall consist of a statewide system of connecting 
highways which shall be constructed by the State Highway Department and 
which shall be maintained by the Department in a safe and serviceable condi- 
tion as State highways. The complete State highway system shall mean 
the system of State highways as now constituted, consisting of the roads, 
streets and highways heretofore designated as State highways or designated 
for construction or maintenance by the Department pursuant to law, together 
with the roads, streets and highways heretofore added to the State highway 
system by the State Highway Commission, and such roads, streets and high- 
ways as may hereafter be added to the System pursuant to law. 

1951 (47) 457. 

Editor's note.— The cases in this annota- 187, 162 S. E. 262 (1931). 

tion construe a former section which con- The present roadbed is a controlling fac- 

tained similar language. tor in determining the route to be followed 

Location of existing roads a controlling in the construction of a highway under this 

factor. — The State Highway Department section. Fant v. State Highway Dept., 

has no power to locate a State highway 164 S. C. 187, 162 S. E. 262 (1931). 

without reasonable reference to the present Lav/ imposes no duty to pave highway 

roads as the controlling factor in determin- with particular material nor requires uni- 

ing the route. Bovkin v. State Highway fortuity of construction. McDonald v. 

Dept., 146 S. C. 483, 144 S. E. 227 (1928); State Highway Department, 166 S. C. 415, 

Fant v. State Highway Dept., 164 S. C. 164 S. E. 920 (1932). 

§ 33-102. Primary and secondary systems. 

The State highway system is classified into the State Highway Primary Sys- 
tem and the State Highway Secondary System. 

1951 (47) 457. 

§ 33-103. Composition of primary system. 

The State Highway Primary System shall consist of a connected system 
of the principal State highways, not to exceed ten thousand miles, connecting 
centers of population, as determined by the State Highway Commission. The 
Primary System in effect as of June 13 1951 shall be understood to mean 
those highways so designated as comprising the State Highway Primary 
System by the State Highway Commission pursuant to the Provisions of Act 
565 of the Acts of 1946 (Acts 1946, p. 1519). 

1951 (47) 457. 

§ 33-104. Composition of secondary system. 

The State Highway Secondary System shall consist of all state highways 
not included in the State Highway Primary System. 

1951 (47) 457. 

15 



§33-105 Code of Laws ok South Carolina §33-110 

§ 33-105. Transfers between systems. 

The State Highway Commission may transfer any route or section of route 
from the State Highway Secondary System to the State Highway Primary 
System, or vice versa, when, in its judgment, such transfer is advisable to 
better serve the traveling public. 

1951 (47) 457. 

§ 33-106. Certain additions to primary system permitted. 

The State Highway Department may add to the State Highway Primary 
System any sections or connections which, in the judgment of the Department 
may be necessary in the proper delevopment of the Federal-Aid Primary 
Highway System or the State Highway Primary System. 

1951 (47) 457. 

§ 33-107. Belt lines and spurs. 

The State Highway Commission may establish such belt lines or spurs 
as it deems proper and construct and maintain such belt lines and spurs from 
funds otherwise provided by law for the construction and maintenance of the 
State highway system, but no such belt line or spur shall exceed two miles in 
length. 

1951 (47) 457. 

Term "belt line" construed. — Summer 
v. State Highway Coram,, 143 S. C. 196, 
141 S. E. 366 (1928). 

§ 33-108. Other additions prohibited. 

Except as authorized herein, or by other law, the State Highway Depart- 
ment is hereby prohibited from adding roads to the State highway system. 
1951 (47) 457. 

§ 33-109. Relocations in Federal and State primary systems. 

The State Highway Department may relocate any section of highways in- 
cluded in the Federal-Aid Primary Highway System or the State Highway 
Primary System when such relocation is required in order to conform to the 
standards adopted for the highways comprising such Systems. 

1951 (47) 457. 

§ 33-110. Abandonment of section of relocated highway. 

The State Highway Department may abandon as a part of the State high- 
way system any section of highway which may be relocated and every such 
section so abandoned as a part of the State highway system shall revert to 
the jurisdiction of the respective appropriate local authorities involved or be 
abandoned as a public way. But the Department may, in its discretion, re- 
tain in the system any such relocated section when it serves as a needed con- 
nection to the new section or when it serves as a proper part of the State 
highway system. 

1951 (47) 457. 

16 



§33-111 Highways, Bridges and Ferries §33-122 

§33-111. Blank. 

§ 33-112. State highways within municipalities. 

The State highways designated as parts of the State highway system shall 
include the sections of such highways lying within the limits of incorporated 
municipalities and such sections shall be equally as eligible in all respects to 
receive the attention of the State Highway Department for construction, re- 
construction, and maintenance as are the sections of the highways lying 
wholly without incorporated places. But the Department shall not reim- 
burse any municipality for any construction performed by such municipality 
prior to June 13 1951, nor share in the cost of any construction or improvement 
made by any municipality on any street or highway prior to the date the road 
or street so constructed or improved was added to the State highway system. 

But nothing in this chapter shall prevent a municipality from undertaking 
any improvements or performing any maintenance work on State highways 
in addition to what the Department is able to undertake with the available 
funds. 

1951 (47) 457. 

Article 2. 

Rights of Way, Lands and Condemnation. 

§33-121. Ownership of real estate. 

The State Highway Commission and State Highway Department may own 
such real estate, in fee simple or by lease, as shall be deemed necessary for the 
purpose of facilitating the proper operation of the Department or for the build- 
ing and maintenance of the public highways in the State highway system. 

1951 (47) 457. 

§ 33-122. Acquisition of property generally. 

The State Highway Department may acquire by gift, purchase, condem- 
nation or otherwise any lands or other real estate that may be necessary, in 
the judgment of the Department, for the construction, maintenance, improve- 
ment or safe operation of highways in this State or any section of a State 
highway or for the purpose of acquiring sand, rock, clay and other material 
necessary for the construction of highways, including (a) land for drainage 
ditches and canals that may be needed in order to correct existing land drain- 
age facilities impaired or interfered with by the Department in connection 
with its road improvement work and (b) property, either within or without 
incorporated towns, to be used for borrow pits from which to secure embank- 
ment and surfacing materials. Other property required, as determined by the 
Department, for the construction, maintenance and safe operation of State 
highways may be acquired by condemnation in the manner described in this 
article. 

1951 (47) 457. 

[4 SC Code]— 2 17 



§ 33-123 Code of Laws of South Carolina § 33-127 

§ 33-123. Minimum width of rights of way. 

The minimum width of the right of way required for the construction, main- 
tenance and safe 0] eration of Slate highways is hereby fixed at sixty-six feet. 
But the State Highway Department may, in its discretion, accept a lesser 
width than sixty-six feet within incorporated towns or where existing struc- 
tures of a permanent nature would necessarily be moved or damaged in order 
to afford the full minimum width of sixty-six feet. And the Department may 
acquire such additional width above the minimum herein fixed as in its judg- 
ment may be necessary to meet the exigencies of construction, maintenance 
and safe operation of any particular highway. 

1951 (47) 457. 

§ 33-124. Sale or other disposition of real estate. 

When, in the judgment of the State Highway Department, any real estate 
acquired as provided in this chapter is no longer necessary for the proper op- 
eration of the Department or the highway system, it may be disposed of by 
advertising for competitive bids in local newspapers or by direct negotia- 
tions, but in every case of the sale or transfer of any real estate by the State 
Highway Commission or the Department, the sale or transfer shall be made 
public by publishing notice of it in the minutes of the next succeeding meeting 
of the Commission. The Commission and the Department shall convey by 
deed, signed by the Chief Highway Commissioner and the Secretary-Treasurer, 
any real estate disposed of under this section. 

1951 (47) 457. 

§33-125. Condemnation procedure generally; condemnation by county au- 
thorities. 

Condemnation procedure for acquiring lands, as contemplated in § 33-122, 
shall conform with the procedure described in this article. But the county 
highway authorities may exercise for the Department the right of condemna- 
tion herein conferred in the same manner as if the lands to be acquired for 
drainage ditches and canals were to be occupied by the roadbed. 

1951 (47) 457. 

§ 33-126. Condemnation for streets or materials therefor. 

Whenever the State Highway Department is required or authorized by law 
to construct or improve streets within municipalities, the municipality or 
the Department may condemn such additional land as may be necessary for the 
improvement of such streets or such property within such municipality as 
may be required for materials with which to construct highway embankments 
and surfacing. For the purpose of carrying out the provisions of this section, 
the condemnation procedure prescribed by this article shall be followed. 

1951 (47) 457. 

§ 33-127. Condemnation of property of public service corporations. 

The State Highway Department, for the purpose of acquiring property as 
authorized by § 33-122, may condemn lands, rights of way and easements of 

IS [4SCCode] 



§ 33-128 Highways, Bridges and Ferries § 33-132 

railroad, railway, telegraph or other public service corporations. In any con- 
demnation proceeding instituted by the Department under this section, benefits 
to be derived by reason of the proposed highway construction shall be taken 
into consideration in determining the amount of compensation, if any, to be 
awarded to the corporation whose property is condemned. For the purpose 
of carrying out the provisions of this section, the condemnation procedure pre- 
scribed by this article shall be followed. 
1951 (47) 457. 

§ 33-128. Panel for condemnation boards ; appointment and term. 

The Governor may appoint a list of responsible citizens of the State who 
shall immediately upon such designation become eligibile to serve on con- 
demnation boards for the purpose of condemning property required by the 
State Highway Department for use in the construction, maintenance and safe 
operation of State highways. The list of persons so appointed shall include 
the members of the State Highway Commission and such other citizens 
as may be necessary, but no officers or employees of the Department, except 
the members of the Commission, shall be eligible for appointment under this 
section. The terms of persons appointed to serve on condemnation boards, 
other than members of the Commission, shall be at the pleasure of the 
Governor. 

1951 (47) 457. 

§33-129. Selection of boards. 

From the list of persons appointed, as provided in § 33-128, the State High- 
way Department may at any time designate three or more individuals who 
shall be authorized to act as a board of condemnation. Any such board shall 
have the powers of condemnation conferred upon the Department by this 
article. 

1951 (47) 457. 

§ 33-130. Disqualification of board members. 

No member of the board who is personally interested or who is related by 
blood or marriage within the sixth degree to any person claiming compensa- 
tion and damages shall serve while the case of such person is under considera- 
tion. 

1951 (47) 457. 

§ 33-131. Compensation of condemnation board members. 

The State Highway Department shall compensate members of condemna- 
tion boards at the rate of ten dollars per day and necessary travel and sub- 
sistence expenses for the duties performed under the provisions of this article. 

1951 (47) 457. 

§ 33-132. Notice to owners. 

If the State Highway Department decides to condemn land or other prop- 
erty as authorized by § 33-122 it shall give fifteen days notice, in writing, 

19 



§33-133 Code of Laws of South Carolina §33-136 

to the owner of the land of its intention to condemn and of the time and place 
when and where the compensation and damages therefor will be assessed. If 
the owner of such land be a nonresident of the county, the notice may be 
served upon his agent or tenant or any other person in possession thereof. 
If there be no agent, tenant or other person in possession, the notice may be 
served by depositing it in the post office, postage prepaid, directed to the owner 
at his last known place of residence or by publishing such notice for at least 
two weeks in one of the newspapers published in the county wherein the land 
is situated. 
1951 (47) 457. 

§ 33-133. Notice to infants, etc. ; guardians ad litem. 

For the purpose of § 33-132, the guardians of infants, the committees of 
idiots or other persons non compos mentis and trustees shall be deemed to be 
owners of the lands of their wards and cestuis que trustent. In case an infant 
owner has no guardian or an idiot or other person non compos mentis has no 
committee, service may be made upon the person with whom he resides 
or upon the probate judge of the county, who shall appoint a guardian ad 
litem to appear and represent him. In case the interests of any guardian 
or committee shall be opposed to those of his ward, a guardian ad litem shall be 
appointed by the probate judge, who shall have authority to appear and rep- 
resent such ward. 

1951 (47) 457. 

§33-134. Demand for jury to assess damages; survey not to be prevented 
thereby. 

The landowner or his legal representative may, within ten days after serv- 
ice of written notice demanding the use of the right of way or other property, 
give written notice to the State Highway Department, demanding that the 
damages be assessed by a jury. But nothing herein shall be construed to 
prevent the going upon such land for the purpose of survey before such pro- 
ceedings are had. 

1951 (47) 457. 

§ 33-135. Actual value and special damages to be considered. 

In assessing compensation and damages for rights of way, only the actual 
value of the land to be taken therefor and any special damages resulting there- 
from shall be considered. 

1951 (47) 457. 

§ 33-136. Consideration of benefits. 

In any condemnation proceeding instituted by the State Highway Depart- 
ment, benefits to be derived by reason of the proposed road construction, in- 
cluding the value of the old road if it shall revert to the person whose property 
is being condemned, shall be taken into consideration in determining the 

20 



§ 33-137 Highways, Bridges and Ferries § 33-140 

amount of compensation, if any, to be awarded to such person and due allow- 
ance made therefor. 
1951 (47) 457. 

§ 33-137. Hearing and decision of board. 

At any hearing before a condemnation board all persons interested shall 
have the right to introduce testimony and to be heard in argument upon the 
matter of compensation in damages. After hearing the evidence and argu- 
ments, the board shall render its decision by resolution. 

1951 (47) 457. 

§ 33-138. Tender of award. 

Upon the resolution of the condemnation board fixing the amount of the 
compensation and damages in an)' case, the State Highway Department shall 
tender payment, by check or otherwise, for the amount so fixed. 

1951 (47) 457. 

§ 33-139. Appeal to court. 

Any person interested, including the State Highway Department, may ap- 
peal to the court of common pleas from a decision of the board. Notice and 
grounds of appeal shall be served by mail or otherwise upon the State High- 
way Department within ten days after the receipt of the resolution of the con- 
demnation board. The clerk of court shall docket such appeals on calendar 
No. 1 and they shall be heard in said court de novo before a jury, unless the 
right to jury trial be waived, as in other cases provided by law. Such appeals 
may be called up for trial out of their order by either party. The verdict of 
the jury in such cases shall be final, unless set aside for the reasons for which 
verdicts may be set aside in other cases or unless the judgment of the court 
thereupon be reversed, for error of law, on appeal to .the Supreme Court. 
Unless the appellant shall recover on the appeal in which he shall be the 
actor twenty per cent more than the amount fixed by the board, he shall pay 
the costs and disbursements of the appeal and judgment may be entered 
against him therefor. 

1951 (47) 457. 

§ 33-140. Effect of appeal as suspending work. 

In the case of an appeal by the State Highway Department the property 
may not be entered by the Department, except for making surveys and meas- 
urements, until such appeal is finally concluded. But in case of an appeal 
by a property owner, the Department may immediately, after tendering to the 
owner the amount of the award, proceed with the contemplated work. In 
such case the Department shall set aside the amount of the award, which 
shall be held intact pending the outcome of the appeal. 

1951 (47) 457. 



21 



§ 33-141 Code of Laws of South Carolina § 33-145 

§33-141. Abandonment of appeal. 

After tender of the amount found by the board for compensation and dam- 
ages, the acceptance of the amount tendered shall operate as an abandon- 
ment of the appeal. 

1951 (47) 457. 

§ 33-142. Payment of award to clerk and procedure for disbursement thereof. 

Unless the persons served with the notice of condemnation agree in writing 
as to whom the compensation award shall be made and paid, the award, ver- 
dict or judgment shall be made jointly to all such parties and may be paid 
to the clerk of the court of common pleas of the county wherein the property 
condemned, or any part thereof, is situated. The payment of such funds so 
awarded shall be held by such clerk of court pending the final order of the 
court of common pleas of such county in an equity proceeding to which all 
persons served with the notice of the condemnation proceedings shall be nec- 
essary parties. From such order of the court of common pleas there may be 
an appeal as provided for appeals from such court in equity cases. 

1951 (47) 457. 

§ 33-143. Award to be paid by Department. 

When the State Highway Department condemns property, the award shall 
be paid by the Department. 

1951 (47) 457. 

§ 33-144. Deeds, etc., to be filed and indexed. 

All deeds or other instruments conveying, or intended to convey, any right 
of way and the original papers in all condemnation proceedings to acquire any 
right of way for any State highway shall be filed by the State Highway De- 
partment in its offices at Columbia and a direct index of all such deeds, instru- 
ments and records shall be made and kept by the Department. 

The provisions of this section shall apply to all deeds, instruments and con- 
demnation proceedings in existence on or after June 13 1951, except such in- 
struments as had actual!}- been recorded prior to said date in the office of the 
register of mesne conveyances or clerk of court of any county of this State or 
had prior to said date become a permanent record in any such office. 

1951 (47) 457. 

§ 33-145. Effect of such filing and indexing and of existence of road. 

The filing and indexing of such instruments as required by § 33-144 shall 
constitute a sufficient record of such deed, instrument or condemnation pro- 
ceedings and such filing shall have the same force and effect as if such deed, 
instrument or condemnation proceedings were actually recorded in the office 
of the clerk of court or in the office of the register of mesne conveyances in 
the county in which the land described in such deed, instrument or condemna- 
tion proceedings is situated. The location, construction or maintenance of 
any State highway shall constitute sufficient notice to put all persons, whether 

22 



§ 33-146 Highways, Bridges axd Ferries § 33-162 

creditors, purchasers or otherwise, on inquiry as to the right of the State 
in and to the right of way for such State highway. 
1951 (47) 457. 

§ 33-146. Records to be maintained in clerk's office. 

The State Highway Department shall maintain in the office of the clerk 
of the court of common pleas for each of the several counties a copy of all 
highway plans on which are indicated the widths of the rights of way for each 
road in the related district or county and an alphabetical list of property own- 
ers on each road for which rights of way have been acquired. Such records 
shall be for the convenience of persons making inquiry as to the right of the 
State in and to the right of way for roads constructed by the State Highway 
Department in any county. The clerks of court of the several counties shall 
cooperate with the Department in keeping such records current, without 
charge. 

1951 (47) 457. 

§ 33-147. Cost of right of way part of cost of construction. 

The State Highway Department may charge, as part of the cost of con- 
struction, the costs of rights of way necessary in connection with the im- 
provement or construction of any State highway project. 

1951 (47) 457. 

§ 33-148. Rights additional to those of county authorities. 

Nothing herein contained shall be construed to divest the county authorities 
of the right to condemn for highway purposes, but the rights herein granted 
are concurrent with the rights and powers of governing bodies of counties 
and they may still condemn property for highway purposes upon the written 
request of the State Highway Department. 

1951 (47) 457. 

Article 3. 
Construction of System. 

§ 33-161. Construction simultaneous and equitable in several districts. 

Except as otherwise provided by law, the construction of the state highway 
system shall be carried on simultaneously in each of the highway districts 
of the State and the State Highway Commission shall determine and arrange 
the order of the work in a fair and equitable manner among the counties 
within each highway district. 

1951 (47) 457. 

§ 33-162. Standards of construction. 

The State Highway Department shall construct the highways in the State 
Highway Primary System and the highways in the State Highway Secondary 
System to standards commensurate with the amount and types of traffic 
services to be rendered by the highways in the respective systems, it being the 

23 



§33-163 Code of Laws of South Carolina §33-166 

declared policy of the State that the highways in the State Highway Second- 
ary System shall be constructed by less expensive standards than the highways 
in the State Highway Primary System, thus enabling the State to construct 
a larger mileage of all-weather farm-to-market roads from the available funds. 
1951 (47) 457. 

§ 33-163. Removal of view obstructing dirt banks at intersections. 

The State Highway Department may remove, when practicable, view-ob- 
structing banks of dirt that exist at the intersections of any State highway 
with another State highway or with any other public highway. 

1951 (47) 457. 

§33-164. Construction of Federal-aid secondary highways. 

The State Highway Department may construct Federal-aid secondary 
or feeder highways, including farm-to-market roads, on such highways or sec- 
tions of highways as may be necessary to comply with Federal-aid statutes 
and governing regulations of the Bureau of Public Roads with respect there- 
to, regardless of whether, at the time of construction, such highways are in 
the State highway system. For the purposes of this section the State High- 
way Department may participate in the cost of construction of roads which 
are not in the State highway system in the same manner as is provided by 
law for construction of roads which are in the State highway system. 

1942 Code § 5873-1: 1937 (40) 426; 1938 (40) 1896. 

§ 33-165. Contracts with counties for farm-to-market roads. 

The State Highway Department may contract with any of the counties in 
this State for the construction and improvement by any such county of any 
farm-to-market road in the State highway system within such county and 
may pay for the construction and improvement of such road, provided the 
cost of such construction and improvement is not greater than the cost of 
similar work would be if performed by contract or by the Department's forces. 
Any road constructed or improved under the provisions hereof shall be paid 
for by the Department and the cost thereof charged to the allocation of the 
county in which such road is constructed. The roads constructed by the 
counties under the provisions hereof shall be constructed and built accord- 
ing to standards and specifications required by the Department. Nothing 
herein contained shall be construed to mean that the Department shall pay 
the cost of the construction or improvement of roads already constructed and 
improved. 

1951 (47) 457. 

§33-166. Same ; Abbeville County. 

If there shall be to the credit of the treasurer of Abbeville County funds 
available for the construction or improvement of highways in said county, 
whether such funds shall be the proceeds of bonds of the county or derived 
from other sources, such funds shall be used under the direction of the State 
Highway Department for the improvement and construction of farm-to-market 

24 



§33-167 Highways, Bridges and Ferries §33-163 

roads in said county and the Department shall consult and advise with the 
county legislative delegation in the selection of such roads. The Department 
may let contracts or construct such roads as may be agreed upon with its own 
equipment and personnel and whenever it shall certify to the county treas- 
urer that funds are needed for such purpose, the governing body of the county 
shall issue its warrants upon the count}' treasurer and the county treasurer 
shall honor warrants so drawn to the order of the Department or its designee 
1951 (47) 457. 

§ 33-167. Projects in which water controlling device reduces cost of highway 
construction. 

When, in the construction or repair of any State highway, a third less may 
be expended by the State in conjunction with other funds herein provided for 
for the approach to or the crossing of any waterway, creek or river, through 
the building of a dam, levee or other facility for controlling water, construct- 
ing ditches or waterways or doing some other thing to control water, the State 
Highway Department, in its discretion, may estimate the cost of the repair 
or the construction of the necessary bridge, viaduct or other approach, to- 
gether with that part of the highway immediately affected thereby, such 
estimate to be based upon the cost without such water controlling device and 
the Department may allot to or reimburse, or enter into contracts looking to 
that end, as provided in the law of this State, on account of the building of 
such highway immediately affected by such approach and the approach and 
the construction of such water controlling device as the Department may 
plan, such reimbursement, reimbursement agreement or allotment to be made 
to any county, municipality or other agency in the sum of two-thirds of the 
estimated costs of the structure and the highway immediately affected thereby 
without such water controlling device, upon such county, municipality or 
other agency entering into such bond as the Department may consider as 
surety for the completion of the whole project as planned by the Department. 
The word "agency" shall mean any person complying with the terms of this 
section. 

1951 (47) 457. 

§ 33-168. Execution of such agreements ; validity. 

Any such agreement executed by others than the State Highway Depart- 
ment shall be valid and binding when signed by such person as may agree to 
donate or appropriate funds for such project and the signing by the executive 
officers of a private corporation, municipality or county shall be a sufficient 
execution of the agreement to bind the same. Reimbursement agreements 
entered into by the Department in such connection shall be executed accord- 
ing to the requirements of the statutes of force at the time of the execution 
thereof. 

1951 (47) 457. 



25 



§ 33-169 Code of Laws of South Carolina § 33-173 

§ 33-169. Construction of such project. 

Any such structure and all parts thereof shall be made according to plans 
and specifications approved by the State Highway Department. 

1951 (47) 457. 

§ 33-170. Proportion of Department's payments for such projects. 

The State Highway Department, in its discretion, may expend as pro- 
vided herein upon such project as is mentioned in § 33-167, whether it be 
the immediate approach, bridge or highway immediately affected thereby or 
a water controlling device, two-thirds of the amount estimated as necessary 
to cross such waterway, creek or river without such water controlling device. 
And the remainder of the cost of the entire project of the bridges or approach 
or both the water controlling device and that part of the highway immedi- 
ately affected thereby shall be borne by the county or municipality in which 
the project may be located and any other contributors, including the Fed- 
eral Government, that may see fit to donate or appropriate money therefor. 

1951 (47) 457. 

§ 33-171. Extent of construction, etc., in municipalities ; city utilities. 

The construction, reconstruction and maintenance authorized in § 33-112 
may include all necessary provisions for the operation and parking of ve- 
hicles, sidewalks for pedestrians, gutters, storm drains and such other struc- 
tures within the limits of the highway right of way as may, in the judgment 
of the State Highway Department, be essential for highway service and to 
preserve and protect the highway investment. It shall not include any work 
outside of the State highway right of way or street cleaning; nor shall it 
include water lines, sanitary sewers, street lights and other city utilities, but 
the municipalities may place and maintain such city utilities within the high- 
way right of way to such extent as may be in accord with sound engineer- 
ing practices and as may be necessary for such facilities. But the work of 
placing these utilities within the highway right of way and the maintenance 
thereof shall be conducted so as not to interfere unduly with the traffic on 
the highway and all expenses and costs in connection therewith, including 
restoration of any highway surfacing or facilities damaged or impaired, 
shall be borne by the municipality. 

1951 (47) 457. 

§ 33-172. Consent of municipality to such construction. 

All work to be performed by the State Highway Department on State 
highways within a municapility shall be with the consent and approval of the 
proper municipal authorities. 

1951 (47) 457. 

§ 33-173. Assent of municipality to plans and effect thereof. 

In every case of a proposed permanent improvement, construction, recon- 
struction or alteration by the State Highway Department of any highway or 
highway facility within a municipality, the municipality may review and ap- 

26 



§ 33-174 Highways, Bridges and Ferries § 33-191 

prove the plans thereof before the work is started and such approval by the 
municipality shall be understood to mean that the municipality thereby as- 
sumes all liability which the Department might otherwise have as a result of 
damage to property or persons resulting from such improvement, construc- 
tion, reconstruction or alteration carried out in accordance with the plans ap- 
proved by the municipality. 
1951 (47) 457. 

§ 33-174. Department's liability for damages resulting from work in a mu- 
nicipality. 

The performance of work within a municipality by the Department shall 
not result in the assumption by the Department of any liability whatever on 
account of damages to property, injuries to persons, or death growing out of or 
in any way connected with such work. None of the provisions of article 6 
of this chapter relating to damage claims shall apply to sections of State high- 
ways within the corporate limits of municipalities except § 33-234. 

1951 (47) 457. 

§ 33-175. Alterations by municipality. 

A municipality. may not alter any State highway facility without the ap- 
proval of the State Highway Department and any use made by the city of 
the highway or highway right of way for city utilities, or for other purposes, 
shall be subject to approval of the Department. 

1951 (47) 457. 

§ 33-176. From what funds system built. 

The State highway system shall be built, constructed and maintained from 
any moneys derived from the automobile license tax, gasoline tax and other 
special imposts upon highway users, Federal aid and other grants-in-aid and 
such other moneys as may from time to time be made available. 

1951 (47) 457. 

" Article 4. 

Certain Special Projects or Authorizations. 

§ 33-191. Investigation as to need and costs of certain thoroughfare in 
Columbia. 

The State Highway Department, in consultation with the Board of Regents 
of the South Carolina State Hospital, may make a complete investigation of 
the traffic needs for a thoroughfare, street or road connecting North Harden 
Street at its intersection with Calhoun Street in the City of Columbia with 
Colonial Drive at or near Smith's Corner in Colonial Heights. Any such 
investigation shall include the necessary traffic and field surveys, designs, 
plans and estimates of cost, including rights of way, for constructing such 
thoroughfare, street or road and such estimates of cost shall include the cost 
of rearranging of any facilities of the South Carolina State Hospital which may 
be affected by the location of such thoroughfare, street or road, the building 

27 



§ 33-192 Code of Laws of South Carolina § 33-195 

of necessary underpasses or culverts and the erection of such fences or bar- 
ricades as may be deemed necessary by the Board of Regents for the proper 
protection of the Hospital patients or persons using the premises. The De- 
partment and the Board of Regents may use any available funds of the De- 
partment or of the State Hospital to finance their respective phases of such 
investigation. 
1951 (47) 457. 

§ 33-192. Construction of such thoroughfare. 

The Department may construct such thoroughfare, street or road as is re- 
ferred to in § 33-191 as may be found needed and the Board of Regents may 
grant a right of way over and across the lands of the State and of the State 
Hospital. The width and location of such right of way shall be determined 
by the Department, subject to the approval of the Board of Regents. All con- 
struction cost shall be charged to highway funds allocated to Richland County 
and/or the city of Columbia and no other funds shall be used. 

1951 (47) 457. 

§ 33-193. Changes in highways in locality of Clark Hill project. 

The State Highway Department may abandon such State highways, or sec- 
tions thereof, in the locality of the Clark Hill Project as. in its judgment, may 
be rendered unserviceable by reason of the construction and operation of the 
project. It may also contract with the Federal Government in making surveys, 
preparing plans and letting contracts for the raising, altering, rebuilding, 
reconstruction and relocation of an}- highways, bridges and structures which 
may be affected by the construction of the project, with the limitation that 
such contracts shall provide for reimbursement to the Department for all 
costs in connection therewith. Such abandonments or relocations shall not 
require advertising, judicial approval or any other formality prior to effecting 
their accomplishment. 

1951 (47) 457. 

§ 33-194. Consideration for conveyances to Federal Government in connection 
with such project. 

The State Highway Department may determine the terms, conditions and 
monetary considerations for the acquisition by the Federal Government of 
lands and rights of way affected by such project forming State highways 
or portions thereof, including all rights of the public for road purposes, as 
well as the reversionary rights of the counties in which such roads are located, 
or for the damaging of such rights of way. 

1951 (47) 457. 

§ 33-195. Execution of deeds, etc., for such project. 

The State Highway Department may execute on behalf of the State all 
necessary contracts or agreements or, if in judicial proceedings, stipulations 
with the Federal Government and may execute and deliver, with respect to the 
interest of the State therein, all necessary deeds, casements or other con- 

28 



§ 33-196 Highways, Bridges and Ferries § 33-199 

veyances which will be required in connection with such project with respect 
to the relocation, alteration, abandonment or otber action concerning roads, 
bridges or other facilities on the properties of the State and such deeds or 
conveyances shall include all reversionary interests in such highway rights 
of way of any county or other political subdivision of the State. Such con- 
veyances shall not require advertising, judicial approval or any other formality 
prior to their execution and delivery. 
1951 (47) 457. 

§ 33-196. Powers of county authorities with respect to such project. 

The governing bodies or other authorities over roads and revenues of the 
counties affected by such project may, with respect to county roads and rights 
of way that will be affected by reason of the construction of the project, ex- 
ercise the same powers and authority as are given to the State Highway 
Department with respect to State highways and rights of way affected by 
such project. 

1951 (47) 457. 

§33-197. Substitution of other mileage for highways abandoned in connec- 
tion with such project. 

The State Highway Department may substitute for State highways or 
portions thereof which are abandoned in accordance with § 33-193 other roads 
of approximately equal mileage and equal state of improvement which shall 
become parts of the State highway system. 

1951 (47) 457. 

§ 33-198. Relocation in connection with Savannah River Plant. 

The State Highway Department may abandon such State highways in 
Aiken and Barmvell Counties, or sections thereof, which may be rendered un- 
serviceable by reason of the construction and operation by the Federal Govern- 
ment of the project called the Savannah River Plant. The State Depart- 
ment may substitute for State highways or portions thereof which are aban- 
doned in accordance with this section other roads of approximately equal 
mileage and equal state of improvement which shall become parts of the State 
highway system. Such abandonments, conveyances or relocations shall not 
require advertising, judicial approval or any other requirement prior to their 
accomplishment. 

1951 (47) 134. 

§ 33-199. Same ; contracts with and deeds to Federal Government. 

The State Highway Department may determine the terms, conditions and 
monetary considerations for the acquisition by the Federal Government of 
such lands and rights of way forming State highways or portions thereof and 
all rights of the public for road purposes, as well as reversionary rights of the 
counties in which such roads are located, or for the damaging of such rights 
of way. And the Department may execute on behalf of the State all necessary 
contracts and agreements or, if in judicial proceedings, any stipulations with 

29 



§ 33-200 Code of Laws of South Carolina § 33-203 

the Federal Government and may execute and deliver, with respect to the in- 
terests of the State therein, all necessary deeds, easements or other convey- 
ances which will be required in connection with the relocation, alteration, aban- 
donment or other things concerning roads, bridges or other facilities on the 
properties of the State. Such deeds or conveyances shall include any and all 
reversionary interests in such highway rights of way of any counties or other 
political subdivisions of the State. 
1951 (47) 134. 

§ 33-200. Authority of county as to roads affected by Savannah River Plant. 

The governing bodies of Aiken and Barnwell Counties may, with respect 
to county roads and rights of way that will be affected by reason of the con- 
struction of the Savannah River Plant, exercise the same powers and authority 
as are given to the State Highway Department with respect to State highways 
and rights of way, as provided by §§ 33-198 and 33-199. 

1951 (47) 134. 

§ 33-201. State highways in locality of Santee-Cooper project. 

The State Highway Department may abandon as State highways such 
State highways, or sections thereof, in the locality of the Santee-Cooper proj- 
ect as in its judgment may be rendered unserviceable by reason of the con- 
struction and operation of the project and may substitute therefor other roads 
of equal mileage which shall become parts of the State highway system. It 
may also raise, rebuild and reconstruct any highways, bridges and structures 
which will be affected by the construction of said project. But there shall 
be no relocation of U. S. Highway 15 or of the Pinckney's Landing bridge 
thereon. 

1951 (47) 457. 

§ 33-202. Public Service Authority and Department to construct road across 
Santee Dam. 

The South Carolina Public Service Authority and State Highway Depart- 
ment shall build and construct a bridge or road across the Santee River Dam 
to connect the two ends of State Highway No. 260. The cost of such con- 
struction shall be paid jointly by the Department and the South Carolina 
Public Service Authority, share and share alike. 

1951 (47) 457. 

§ 33-203. Construction of new bridge over Ashley River near Charleston. 

The State Highway Department may construct a new bridge, together with 
the necessary highway connections, over the Ashley River near the city of 
Charleston. The construction of such bridge shall be from Primary Federal- 
Aid Project allocations to Charleston County. The bridge shall be constructed 
at a location to be determined at the discretion of the Department so as to 
best serve present and future traffic needs. 

1951 (47) 457. 

30 



§ 33-204 Highways, Bridges and Ferries » § 33-207 

§ 33-204. Construction of bridge across Eroad River. 

The State Highway Department may begin at once and complete as soon 
as practicable proper approaches to, and a bridge across, Broad River near 
Peak, the location of both the approaches and bridge to be in the discretion 
of the Department. 

1951 (47) 457. 

§ 33-205. Construction of new bridge over Congaree River near Columbia. 

The State Highway Department may construct a new bridge, together 
with the necessary highway connections, over Congaree River in or near the 
city of Columbia. The bridge to be so constructed shall be located south of 
the present Gervais Street Bridge, the exact location to be determined at the 
discretion of the Department so as to best serve present and future traffic 
needs. 

1951 (47) 457. 

§ 33-206. Department may agree to operate proposed drawbridges. 

The State Highway Department may agree with the United States Gov- 
ernment to accept, maintain, replace and operate the following described 
drawbridges now proposed to be built : 

(1) Bridge over the intracoastal waterway on State Highway No. 544 near 
Socastee; 

(2) Bridge over the intracoastal waterway on State Highway Xo. 17 near 
Little River; and 

(3) Bridge over the intracoastal waterway at a point between Conway and 
Myrtle Beach where the Atlantic Coast Line Railroad crosses said waterway. 

The structures herein authorized to be accepted, maintained and operated by 
the Department are to be constructed complete in place and ready for use to 
the satisfaction of the Department without cost to the State. 

1951 (47) 457. 

§ 33-207. Design, etc., of one of such drawbridges. 

The State consents that the proposed drawbridge to be constructed by the 
United States Government where the Atlantic Coast Line Railroad crosses 
the intracoastal waterway between Conway and Myrtle Beach may be designed 
so as to accommodate both railway and highway traffic, provided that the de- 
sign shall be approved by the State Highway Department and the bridge shall 
be adecpiate, in the judgment of the Department, to accommodate all such 
State highways and county roads as may now or hereafter connect with the 
bridge. 

1951 (47) 457. 



31 



§ 33-221 • Code of Laws of South Carolina § 33-224 

Article 5. 
Construction Contracts and Purchases. 

§ 33-221. Funds must be available for construction obligations. 

The State Highway Department shall not award or let construction con- 
tracts of any nature or enter into construction obligations of any sort unless 
sufficient funds are at the time in the State Treasury to meet in full such con- 
tracts or obligations. 

1951 (47) 457. 

§ 33-222. Advertisement for contracts or purchases over one thousand dollars. 

Every contract or purchase made by the State Highway Department which 
contemplates the expenditure of more than one thousand dollars shall be let 
and made after being advertised under rules and regulations to be made and 
published by the Department. 

1951 (47) 457. 

Editor's note. — The case in this annota- A contract, entered into by State High- 

tion construes a former section which con- way Department without public advertise- 

tained similar language. ment, is void so as to preclude recovery 

The statute providing for advertisement from Department for breach thereof. Pen- 
by State Highway Department before en- nell & Harley v. Hearon, 169 S. C. 16, 168 
tering into contract is mandatory. Pennell S. E. 188 (1933). 
& Harley v. Hearon, 189 S. C. 16, 168 S. E. 
188 (1933). 

§ 33-223. Regulations as to qualifications of contractors permitted to bid on 
work. 

The State Highway Department may establish such reasonable regulations 
as the Department may deem appropriate with respect to the qualifications 
of contractors allowed to bid on work of the Department. Such regulations 
may fix eligibility requirements for bidders according to available capital and 
with due regard to experience and records of past performance. But in no 
case shall the eligibility rating of any bidder be influenced by nationality or 
place of residence. No regulations with respect to the qualifications of bidders 
shall become effective until at least thirty days after such regulations shall 
have been formally adopted and published. 

1951 (47) 457. 

Cross reference. — Rules and regulations see Rules and Regulations, Highway De- 
promulgated under authority of this section, partment, in Volume 7 of this Code. 

§ 33-224. Amount of contractors' bonds. 

The State Highway Department shall require all bonds for the construe 
tion of State highways to be in a penal amount of not less than fifteen per 
cent of the contract amount of the work, whether the bond shall be corporate, 
surety, cash or securities. 

1951 (47) 457. 

32 



§ 33-225 Highways, Bridges and Ferries § 32-223 

§ 33-225. Highway contractors' bonds to be written locally. 

Any contractor engaged in the building of a public road or highway in any 
county of this State and required by the State Highway Department, road 
dirtrict or county to file with the Department, road district or county a surety 
bond as guaranty of the faithful performance of the contract shall furnish 
said bond through some surety company authorized to do business in this 
State and in the particular county in which such road or highway is being, or 
is to be, constructed and each such bond shall be written through and coun- 
tersigned by an agent resident in the county in which such road is being or 
is to be constructed if there is such a resident agent willing to furnish such 
bond at the usual premium therefor. In case any single project covered by a 
single contract extends into two or more counties, the bond herein referred 
to may be furnished through a resident agent in any of such counties. 

1951 (47) 457. 

§ 33-226. Commissions on such bonds. 

All local agents' commissions shall be paid in full to the local agents coun- 
tersigning such bonds, except that when two or more local agents in the State 
are engaged in the writing of any such bond the local agents' commission may 
lie divided between those participating in the writing of the bond, but in no 
event shall the local agent in the count}' in which the work is to be done 
receive less than seventy-five per cent of the local agents' commission. It 
shall be a misdemeanor for any local agent to pay or offer to pay to anyone 
any portion of his local agents' commission or for any person to receive the 
same, except as above provided in this section, and anyone convicted therefor 
shall be punished by a fine not exceeding five hundred dollars or by imprison- 
ment not exceeding six months. 

1951 (47) 457. 

§ 33-227. Compensation of contractors for losses caused by injunctions. 

The State Highway Department may determine losses sustained by con- 
tractors engaged on State highway projects incident to the suspension of work 
on such project by a court injunction order and may compensate such con- 
tractors for the amounts of the losses so determined. But this authority shall 
be limited to the payment of actual and unavoidable losses, not to include 
anticipated profits. Should any contractor be dissatisfied with the determin- 
ation of his losses by the Department, such contractor may bring suit against 
the Department in the court of common pleas for the determination of 
the reasonableness of the amount of the award for such losses. 

1951 (47) 457. 

§ 33-228. Purchase of motor fuels and gasoline. 

The State Highway Department may purchase motor fuel or gasoline by 
advertising for competitive prices on its requirements. The Department may 
also make such specifications, restrictions or requirements as to quality and 
service as it may deem to its interest. For the purpose of this section any 
person engaged in the business of selling motor fuel or gasoline may submit 
[4 SC Code]— 3 33 

LAW LIBRARY 

SCHOOL OF LAW 
STATE A. & M. COLLEGE 
Orangeburg, South Carolina 



§ 33-229 Code or Laws ok South Carolina § 33-229 

competitive prices to the Department on motor fuel or gasoline, any law 
relating to a uniform price to the contrary notwithstanding. This s< 

shall not be construed in any way to nullify the operation of the State Budget 
and Control Board, Division of Purchases, in the making of contract awards 
or purchases for the account of the Department of any motor fuels and gaso- 
line, but shall be held and construed to be supplementary to the provisions 
of law relating thereto. 

1951 (47) 457. 

Article 6. 
Damage Claims. 

§ 33-229. When suits may be brought ; extent of recovery. 

Any person who may suffer injury to his person or damage to his property 
by reason of (a) a defect in any State Highway, (b) the negligent repair of any 
State Highway or (c) the negligent operation of any vehicle or motor vehicle 
in charge of the State Highway Department while such vehicle or motor ve- 
hicle is actually engaged in the construction or repair of any of such highways 
may bring suit against the Department for the actual amount of such injury or 
damage not to exceed in case of property damage the sum of fifteen hundred 
dollars and in case of personal injury or death the sum of four thousand dol- 
lars. 

1951 (47) 457. 

T. General Consideration. IV. Damages. 

II. Liability. V. Municipalities. 

III. Actually Engaged in Construction. 

Cross Reference. 
As to claims and suits against counties, see §§ 33-921 to 33-926. 

I. GENERAL CONSIDERATION. to the rights of the insured, since this sec- 

i?j:t„-'„ —*■> ti, „.,, - •„ ..i ■„ „„..„», ti° n limits the right to sue the Highway 

realtors note. — the cases in this annota- _ . J 

.• r ,• , • , Department to any person, firm or corpo- 

tion construe a former section which con- ! , '—"..' 

, ■ , • , .•„,,„ ration who may suffer injury to his or ncr 
tained identical language. , , . , 

. person or damage to his, her or its prop- 

This article must be strictly construed. erty> >. and does not provide that tlle as _ 

Fann v. State Highway Department, 10/ s ig ne e of the person suffering damage may 

S. C. 84, 163 S. E. 785 (1932). sue _ United states Casualty Co. v. State 

The conditions imposed by the State must Highway Dept., 155 S. C. 77, 151 S. E. 

be strictly complied with. Cooper v. South 007 fio^ni 

Carolina Highway Department, 183 S. C. _ , .' , ,. r , 

155 190 S E 499 (1937) Complaint of guardian of minor for m- 

TT „ ,. . - , ,,. , juries inflicted bv motor vehicle of Hi h- 

Venue. — 1 ort actions against State High- _. . , , , , 

T- . , . ... .. way Department was demurrable for not 

wav JJepartnK at, based on this section, are . . . , . . , . 

maintainable in county in which plaintiff showing minor was planning damages for 

resides. Landrum v. State Highway De- '»J""«- °*«* »■ State H,g «ngy Depi rt- 

partment, 168 S. C. 139, 167 S. E. 164 ment - 161 S - C 21 > 1S9 S - E - 4S7 < 19ol >- 

(1932). "In charge of the State Highway Depart- 

Subrogation of surety company.— A sure- ment."— As to evidence being sufficient to 

ty company, after settling with the insured bring a truck involved in an injury "in 

under the terms of a policy for injuries re- charge of the State Highway Department" 

1, due to defects in the Slate highway, within the meaning of this section, see 

could not sue the State Highway Depart- Hcidt v. Stale Highway Department, 189 

ment on the theory that it was subrogated S. C. 310, 1 S. E. (2d) 188 (1939). 

34 [4SCCodeJ 



§ 33-229 



Highways, Bridges and Ferries 



§ 33-229 



Applied in Bynum v. State Highway 
Dept, 156 S. C. 232, 153 S. E. 165 (1930); 
Epps v. South Carolina State Highwav 
Dept., 209 S. C. 125, 39 S. E. (2d) 158 
(1946). 

Quoted in Tavlor v. Sumter County, 168 
S. C. 126, 167 S. E. 1 (1932). 

II. LIABILITY. 

This section waives the State's immunity, 
not only from suit, but from liability. 
Ouzts v. State Highway Dept., 161 S. C. 21, 
159 S. E. 457 (1931). 

But election was not required. — The 

waiver of State's immunity from liability, 
under this section, does not create a new 
liability requiring the vote of the people 
under S. C. Const., Art. 10, §11. Ouzts 
v. State Highway Dept., 161 S. C. 21, 159 
S. E. 457 (1931). 

This article is all-inclusive, and without 
doubt expressed the legislative intent that 
the Highway Department should be held 
responsible for injuries to persons or dam- 
age to property by reason of a defect in or 
negligent repair of any State highway with- 
in the State system of roads. Bell v. South 
Carolina State Highway Dept., 204 S. C. 
462, 30 S. E. (2d) 65 (1944). 

The State Highway Department is not 
an insurer of the safety of travelers over 
its highways; and when a motorist leaves 
the paved portion of the road and drives 
along the shoulder, or some part thereof, 
the danger to his safety is thereby increased, 
and in such situation he is required to ex- 
ercise a higher degree of care that when 
driving upon the paved part thereof. Bun- 
ton v. South Carolina State Highway Dept., 
186 S. C. 463, 196 S. E. 188 (1938). 

In an action for negligence under this 
section the court held that the Highway 
Department is not an insurer of the safety 
of travelers over its higlnvays and its duty 
is to keep the highways in a reasonably safe 
condition for travel, and to erect and main- 
tain sufficient signs, guard rails and warn- 
ings, as may enable users of said highwajs, 
exercising ordinary care and prudence, to 
avoid injury to themselves and others. 
Cooper v. South Carolina Highway Dept., 
183 S. C. 155, 190 S. E. 499 (1937). 

This article does not limit the right of 
the traveling public to the paved portion 
only of the highway. Livingston v. South 
Carolina State Highway Dept., 178 S. C. 
323, 183 S. E. 8 (1935). 

The duty resting upon the State High- 
way Department is not fully discharged by 
making the traveled part of the highway 
safe, but such measures as ordinary pru- 



dence requires must be taken to prevent 
persons, using ordinary care, from falling 
into dangerous places along the widest of 
that portion of the roadbed set apart and 
maintained for travel thereon by the pub- 
lic. Livingston v. South Carolina State 
Highway Dept., 178 S. C. 323, 183 S. E. 8 
(1935). 

The duty rests upon the State Highway 
Department to not only keep the paved por- 
tion of the road in reasonably safe condition 
for motor vehicle travel, but also to keep 
the road adjacent to the pavement, the 
shoulders of the highway, in such condition 
as will meet the reasonable needs of motor- 
ists. Bunton v. South Carolina State Hi h- 
way Dept., 186 S. C. 463, 196 S. E. 13S 
(193S). 

Injury must be due to defect. — Where 
plaintiff stepped into hole in roadbed con- 
taining glass, the fact that the Highway 
Department knew nothing of the presence 
of the glass makes no difference because 
when two causes combine to produce an 
injury to a traveler on a highway, both 
of which are in their nature proximate, the 
one being a culpable defect in the highway, 
and the other some occurrence for which 
neither party is responsible, the Highway 
Department is liable, provided the injury 
would not have happened but for such de- 
fect. Livingston v. South Carolina State 
Highway Dept., 178 S. C. 323, 183 S. E. 8 
(1935). 

III. ACTUALLY ENGAGED IN 
CONSTRUCTION. 

It must be shown that vehicle was at 
time actually engaged in construction or 
repair of highway. Greer v. State Highway 
Dept., 160 S. C. 510, 159 S. E. 35 (1931). 

When "actually engaged in construction." 
— A State Highway Department truck 
carrying employees to work is "actually 
engaged in construction" of the highway, 
within this section. Robinson v. State 
Highway Dept., 159 S. C. 405, 157 S. E. 
136 (1931). 

A truck belonging to State Highway De- 
partment being used by supervisor to drive 
to dinner at his home at time of injury, 
was "actually engaged in construction or 
repair of highway" at time of injury. Greer 
v. State Highway Dept., 160 S. C. 510, 159 
S. E. 35 (1931). 

The phrase "actually engaged" was con- 
strued to mean "really, or truly engaged". 
Heidt v. State Highway Dept., 189 S. C. 
310, 1 S. E. (2d) 1S8 (1939). 

Where a truck is being used to carry 
sand or earth from off of a highway, which 
is necessary to be done in the course of the 



35 



§ 33-230 



Codi in Laws of South Carolina 



§ 33-230 



construction or improvement of the road, 
it follows that such truck is "actually en- 
gaged" in llie eoii-truction ami repair there- 
of. Heidt v. State Highway Dept., 189 
S. C. 310, 1 S. E. (2d) 188 (1939). 

IV. DAMAGES. 

The State may be sued for damages only 
upon the terms and conditions of the en- 
abling statute. Sanders v. State Highway 
Dept., 212 S. C. 224, 47 S. E. (2d) 306 
(1948). 

Mental anguish. — Where trial judge al- 
lowed jury to consider mental anguish in 
ascertaining damages the court held that 
this section limits the recovery to the actu- 
al amount which the person suing has suf- 
fered by injury to his person or damage to 
his property. It will be conceded that the 
actual amount which one has suffered in the 
nature of mental anguish cannot ever be 
proved in dollars and cents, but must be 
left to be fixed by the jury in its discre- 
tion. It seems clear that, when the legis- 
lature used the words "actual damages," it 
used them in their literal sense, and meant 



such damages as could actually be shown to 
have been suffered. Cooper v. South Caro- 
lina Highway Dept., 183 S. C. 155, 190 
S. E. 499 (1937). 

Costs. — Where action was brought 
against the State Highway Department 
under this section, it was liable for costs 
notwithstanding statute provided only for 
recovery of actual damage. Sawyer v. 
State Highway Dept., 164 S. C. 53, 161 S. E. 
883 (1932). 

V. MUNICIPALITIES. 

Roads in municipalities of less than twen- 
ty-five hundred population. — Regardless of 
what might have been the extent of the 
Department's liability within the meaning 
of §5890-1, Code of 1942 (superseded by 
§33-112) that section insofar as it af- 
fected such liability was superseded by this 
section which makes no distinction of any 
kind between municipalities through which 
State highways might run. Bell v. South 
Carolina State Highway Dept., 204 S. C. 
462, 30 S. E. (2d) 65 (1944). 



§ 33-230. Filing of claim within 180 days required; when suit must be brought. 
A claim giving the date when and the place where the injury or damage oc- 
curred and the amount claimed must be made out, sworn to and filed with 
the State Highway Department within one hundred and eight}' days after the 
alleged injury or damage occurred. Suit, if any, must be commenced by the 
service of a summons and complaint within twelve months from the date of 
the injury or damage. But it shall not be necessary to file a verified claim 
with the Department as provided in this section when a summons and veri- 
fied complaint are served on the Department within six months after the date 
of injury, damage or death. 



1951 (47) 457. 

Editor's note. — The cases in this annota- 
tion and in the annotations to the remain- 
der of the sections in this article construe 
former sections which contained almost 
identical language. 

Actions for personal injuries against 
State Highway Department are not main- 
tainable without filing claim with Depart- 
ment. Owens v. State Highway Dept., 165 
S. C. 180, 163 S. E. 473 '(1932); Ancrum 
v. State Highway Dept., 162 S. C. 504, 161 
S. E. 98 (1931): Bynum v. State Highway 
Dept., 156 S. C. 232, 1S3 S. E. 165 (1930); 
United States Casualty Co. v. State High- 
way Dept., 155 S. C. 77. 151 S. E. 887 
(1930); Kami v. State Highway Dept.. 155 
S. C. 219, 152 S. E. 429 (19301. 

Waiver of the filing of a claim at all 
is made in a case where a suit is commenced 



by the service of summons and verified 
complaint within six months of the time 
that such cause arose. Rushton v. South 
Carolina State Highway Dept., 207 S. C. 
112, 34 S, E. (2d) 4S4 (1945). 

In order to state a cause of action it is 
essential to -allege that the plaintiff has 
filed his claim with the Department as re- 
quired by this section. Kennemore v. South 
Carolina Slate Highway Dept., 199 S. C. 
85, 18 S. E. (2d) 611 (1942); Ouzts v. 
State Highway Dept., 161 S. C. 21, 159 
S. E. 457 (1931); United States Casualty 
Co. v. State Highway Dept., 155 S. C. 77, 
151 S. E. 887 (1930). 

This requirement is inapplicable to a 
claim for damages resulting from an al- 
leged negligent construction of culverts in 
the relocation of a highway. Chick Springs 



36 



§33-231 



Highways, Bridges and Ferries 



§ 33-232 



Water Co. v. State Highway Dept., 159 S. 
C. 481, 157 S. E. 842 (1931); Greene v. 
State Highway Dept., 160 S. C. 132, 158 
S. E. 159 (1931). 

The moment a claim is filed, the claim- 
ant may immediately proceed to enter suit. 
Fann v. State Highway Dept., 167 S. C. 
84. 165 S. E. 785 (1932). 

A claimant is limited in his recovery 
to the amount of his verified claim filed 
with the Department — hut this does not 
preclude a revision or amendment of the 
claim within the time allowed. Ancrum v. 
State Highway Dept., 162 S. C. 504, 161 
S. E. 98 (1931). 

Proof subject to best evidence rule. — 
The filing of a claim as required by t liis 
statute is a material matter and proof of 



its contents is subject to the best evidence 
rule. Ancrum v. State Highway Dept., 
162 S. C. 504, 161 S. E. 98 (1931). 

When complaint does not state a cause 
of action and the statute of limitation has 
run the court does not have authority to 
allow the complainant to amend the com- 
plaint by alleging the beneficiaries and their 
relationship and thus state a cause of ac- 
tion. Kennemore v. South Carolina State 
Highway Dept., 199 S. C. 85, 18 S. E. (2d) 
611 (1942). 

Permitting complaint brought under this 
section to be amended, after lapse of time 
for bringing action, to supply allegation of 
filing of claim, was error. Ouzts v. State 
Highway Dept., 161 S. C. 21, 159 S. E. 
457 (1931). 



§ 33-231. Settlements. 

The State Highway Department may settle or compromise any claim in an 
amount not exceeding three hundred dollars. 

1951 (47) 457. 

The State Highway Department is au- 
thorized and empowered to sett'e or com- 
promise a claim for more than $300.00. but 
the Department cannot pay more than 



$300.00 in making such compromise or set- 
tlement. Fann v. State Highway Dept., 
167 S. C. 84, 165 S. E. 785 (1932). 



§ 33-232. When absence of contributory negligence must be alleged. 

Any person bringing a suit against the State Highway Department must 
allege and prove that he did not bring about the injury by his own negligence, 
nor negligently contribute thereto. But this section shall not apply to in- 
juries on roads under construction when the Department is protected by an 
indemnity bond. 

1951 (47) 457. 



Cross reference. — As to similar provision 
in suits against counties, see § 33-921. 

This section puts the unusual onus upon 
the plaintiff to affirmatively allege and 
prove freedom from contributory negli- 
gence, with the attendant burden of proof. 
Sanders v. State Highway Dept., 212 S. C. 
224. 47 S. E. (2d) 306 (1948). 

The plaintiff, in order to recover in an 
action of this kind, must prove by the pre- 
ponderance of the evidence that defendant 
was guilty of the acts of negligence, or one 
or more of them, charged against it, and 
that such act or acts of negligence was, 
or were, the proximate cause of plaintiff's 
injuries; and the plaintiff must also allege 
and prove that he did not bring about his 
injuries by his negligence, nor did he neg- 
ligently contribute thereto. Bunton v. 
South Carolina State Highway Dept.. 186 
S. C. 463, 196 S. E. 188 (1938) ; Cooper v. 



South Carolina Highway Dept., 183 S. C. 
155, 190 S. E. 499 (1937). 

When it is necessary to resort to this en- 
abling statute in order to maintain an ac- 
tion, the person claiming the benefit of the 
statute must bring himself or herself strict- 
ly within the terms of the statute, which 
provides that such person must be free of 
contributory negligence, and had the legis- 
lature intended that one could recover 
against this governmental agency, if the 
acts of its agents were found to be reck- 
less or willful, notwithstanding negligent 
acts on the part of the person suing, then 
the legislature would have said so. On the 
other hand, the legislature refuses to allow 
the recovery of punitive damages against 
this governmental agency. Lusk v. State 
Highway Dept., 181 S. C. 101, 186 S. E. 
786 (1936). 



37 



§ 33-233 



Code or Laws of South Carolina 



§ 33-234 



If it may be reasonably inferred from the 
evidence that the plaintiff was guilty of con- 
tributory negligence, the State is not liable 
even though negligent, and the court must 
order a nonsuit or direct a verdict for the 
defendant. Sanders v. State Highway 
Dept., 212 S. C. 224, 47 S. E. (2d) 306 
(194S). 



Violation of statute negligence per se. — 
In a case brought under this section the 
person complaining must allege and prove 
that he did not bring about the injury by 
his own negligence, nor negligently con- 
tribute thereto, and the violation of a stat- 
ute is negligence per se. Lusk v. State 
Highway Dept., 1S1 S. C. 101, 186 S. E. 
7S6 (1936). 



§ 33-233. Suits in cases of death. 

Whenever the death of a person shall be caused by reason of (a) a defect 
in the roadway of any State highway, (b) the negligent repair of an)- such 
roadway or (c) the negligent operation of any vehicle or motor vehicle in 
charge of the State Highway Department while such vehicle or motor ve- 
hicle is actually engaged in the construction or repair of any of such highways 
under such circumstances and conditions as would have entitled the party to 
recover damages under the terms of this article if death had not ensued, the 
right of action for such injury and death shall survive to and may be en- 
forced by the personal representative of such person in the same manner as 
is now provided by § 10-1952 for actions by administrators and executors when 
death results from personal injuries and said provisions shall be applicable to 
all such actions. 

1951 (47) 457. 

State Highway Department held subject 
to action for wrongful death suffered when 
bus plunged into river through open draw- 
bridge, action being based on charges of 
negligence and defects in construction and 
repair of highway and bridge. McCoy v. 
State Highwav Dept., 169 S. C. 436, 169 
S. E. 174 (1933). 



Effect of failure to name beneficiaries. — 
A complaint which is brought under this 
section for wrongful death does not state 
a cause of action when it does not allege 
the name of the beneficiary or beneficiaries 
and their relationship to the deceased as set 
forth in § 10-1952. Kennemore v. South 
Carolina State Highwav Dept., 199 S. C. 
85, 18 S. E. (2d) 611 (1942). 



§ 33-234. Liability for damages arising within a municipality. 

Any person suffering damage to property or injuries or death by reason of 
the construction, reconstruction or maintenance of any highway or section 
of highway, as provided in §§ 33-112 and 33-171, within the limits of any mu- 
nicipality of the State shall have such right of action against the municipality 
in which such damages, injuries or death may be suffered as is provided by law 
applicable to municipalities and the remedy thus afforded shall be exclusive. 
But no person bringing a suit against any municipality shall recover property 
damage in excess of one thousand five hundred dollars or damages in case of 
personal injury or death in excess of four thousand dollars. When any person, 
pursuant to a contract with the State Highway Department, is engaged in 
the construction or reconstruction of any State highway within the corporate 
limits of a municipality, such person and his indemnity bond shall not be 
relieved of any liability by the provisions of this section or of §§33-172 to 
33-174. 

1951 (47) 457. 

38 



§ 33-235 



Highways, Bridges and Ferries 



§ 33-251 



§ 33-235. Source of funds for payments. 

The payment of any claim settled or judgment obtained under the provi- 
sions of this article, other than § 33-234, shall be made from the maintenance 
funds of the State Highway Department. 

1951 (47) 457. 



CHAPTER 4. 

Financial Matters. 



Article 1. 



Issue of Bonds or Certificates of 
Indebtedness. 

Sec. 

33-251. Issue of highway bonds or certifi- 
cates of indebtedness. 

33-252. Aggregate amount outstanding not 
to exceed seventy million dollars. 

33-253. Use of proceeds from such bonds 
or certificates. 

33-254. Request for issuance of bonds or 
certificates. 

33-255. When bonds to be issued. 

33-256. Pledge for payment. 

33-257. Execution of such obligations. 

33-258. Form, time, place and medium of 
payment. 

33-259. Negotiability; registration. 

33-200. Terms. 

33-261. Exemption from taxes. 

33-262. Sale. 

33-263. Legal investments for fiduciaries. 

33-264. Disposition of proceeds of sale. 

33-265. Sinking fund. 



Article 2. 



Sec. 
33-2S1. 

33-282. 
33-2S3. 
33-284. 



33-285. 
33-286. 

33-287. 

33-28S. 
33-289. 
33-290. 
33-291. 
33-292. 



Other Financial Provisions. 



"Accident claims" and "gasoline 
tax" defined. 

State highway fund. 

Revolving fund. 

Portions of gasoline tax to be cred- 
ited to Department; minimum tax 
5 cents. 

Payments of amounts in reimburse- 
ment; interest. 

Estimates of and appropriations for 
Departmental expenses, including 
bonds. 

Balance of funds appropriated for 
highways. 

Blank. 

Blank. 

Duplicate checks and vouchers. 

Annual audit. 

Outstanding indebtedness for high- 
way purposes validated; payment. 



Article 1. 
Issue of Bonds or Certificates of Indebtedness. 

§ 33-251. Issue of highway bonds or certificates of indebtedness. 

For the purpose of constructing and maintaining an adequate system of 
State highways and carrying out the further provisions of chapters 1 to 4 of 
this Title and §§ 33-733 and 33-734 the Governor and the State Treasurer may 
issue State highway bonds or State highway certificates of indebtedness under 
the conditions prescribed by this chapter. 

1951 (47) 457. 



Editor's note. — The cases in this annota- 
tion construe a former section which con- 
tained similar language. 

State highway certificates, when issued 
for a proper purpose, are not affected by 
the provisions of S. C. Const., Art. 10, § 11. 
State v. Osborne, 193 S. C. 158, 7 S. E. 
(2d) 526 (1940). 



Method of issuing may be changed. — The 

fact that formerly under this section the 
Governor was named along with the Treas- 
urer to sign the bonds does not prevent 
the General Assembly from changing that 
method of issuing certificates of indebted- 
ness. State v. Lewis, 181 S. C. 10, ISo 
S. E. 625 (1936). 



39 



§ 33-252 Code of Laws of South Carolina § 33-254 

§ 33-252. Aggregate amount outstanding not to exceed seventy million dol- 
lars. 

The aggregate principal amount of indebtedness outstanding at any one 
time, incurred by the State or by the State Highway Department for the con- 
struction, reconstruction or improvement of the State highway system, shall 
never exceed seventy million dollars. The term "indebtedness" as used in this 
section means (a) indebtedness evidenced by State highway certificates of 
indebtedness or State highway bonds issued by the State under this chapter 
or under any act or law repealed by Act Xo. 329 of 1951 (Acts 1951, p. 457), 
(b) the principal amount which the State Highway Department shall have 
agreed to pay to any county, road district or bridge district by way of reim- 
bursement for expenditures made for highway and bridge purposes and (c) 
the principal amount of any indebtedness incurred pursuant to the provisions 
of Act No. 1065 of 1950 (Acts 1950, p. 2672). In computing the amount of such 
indebtedness at any time outstanding there shall he deducted the amount then 
held in any sinking fund or other fund solely for the purpose of paying such 
indebtedness. 

1951 (47) 457. 

§ 33-253. Use of proceeds from such bonds or certificates. 

The proceeds of the sale of such State highway bonds or State highway 
certificates of indebtedness shall be used by the State Highway Department 
only for the following purposes and no other : 

(1) For the construction of State highways, now or hereafter made a part 
of the State highway system ; 

(2) For the reconstruction and improvement of State highways, now or 
hereafter made a part of the State highway system ; or 

(3) To obtain funds to be applied to the payment of outstanding State 
highway bonds or State highway certificates of indebtedness, reimbursement 
obligations or obligations issued under Act No. 1065 of 1950 (Acts 19S0, 
p. 2672) as they mature or become due and notwithstanding that there may 
be moneys available for such outstanding obligations in the sinking fund 
established by law; provided, always, that the obligations to be refunded shall 
mature within the next ensuing fiscal year. 

1951 (47) 457. 

§ 33-254. Request for issuance of bonds or certificates. 

Before any State highway bonds or State highway certificates of indebted- 
ness are issued, the State Highway Department shall transmit to the Gover- 
nor and to the State Treasurer a request for the issuance thereof and shall 
embody in such request a statement showing: 

(1) The principal amount of the State highway bonds or State highway 
certificates of indebtedness proposed to be issued, the maximum rate of in- 
terest to be paid thereon and the fiscal years in which principal payments are 
to be made; 

40 



§ 33-255 Highways, Bridges and Ferries § 33-255 

(2) The amount of revenues derived in the next preceding fiscal year from 
motor vehicle license fees and that portion of the gasoline tax applicable to 
the State highway fund and pledged thereto by the provisions of §33-284; 

(3) The amount, as estimated by the Department, which will be derived 
from such gasoline tax applicable to the State highway fund and pledged there- 
to as aforesaid and motor vehicle license fees in each fiscal year during the 
term for which the proposed State highway bonds or State highway certificates 
of indebtedness are to run ; and 

(4) The amount, as estimated by the Department, which will be required 
in each fiscal year during the term of the proposed State highway bonds or 
State highway certificates of indebtedness for: (a) the payment of the 
principal and interest of all such State highway bonds or State highway 
certificates of indebtedness issued or to be issued pursuant to previous re- 
quests made by the Department, (b) the administration and operation of the 
Department, (c) the maintenance of all highways in the State highway sys- 
tem, (d) the payment of accident claims, (e) the payment of the amount re- 
quired to be paid to counties or highway or bridge districts pursuant to obli- 
gations incurred prior to June 13 1951 under authorization of law and (f) the 
payment of all indebtedness due pursuant to Act No. 1065 of 1950 (Acts 1950, 
p. 2672). 

In estimating revenues for inclusion in the amount to be shown in such 
statement pursuant to item (3) of this section the State Highway Department 
shall not assume that the revenues of any future fiscal year will be more 
than five per cent in excess of the actual or estimated revenues of the last 
preceding year, nor that in the sixth and subsequent future fiscal years there 
will be any increase over the estimated revenues for the fifth future fiscal 
year. 

1951 (47) 457. 

§ 33-255. When bonds to be issued. 

If it shall appear to the satisfaction of the Governor and the State Treasurer 
from the statement filed pursuant to § 33-254 that the amount of such revenues 
shown, in the manner prescribed by item (2) of said section, to have been 
received during the next preceding fiscal year will, if received annually there- 
after, be sufficient to pay the several items listed in item (4) of said section, 
as they fall due, and if it shall also appear that the amount of such revenues 
which are estimated by the State Highway Department in the manner pre- 
scribed for inclusion pursuant to item (3) of said section to be received in each 
fiscal year for which the proposed State highway bonds or State highway cer- 
tificates of indebtedness are to run will be sufficient to pay the several items 
listed in item (4) of said section, as they fall due, the Governor and the State 
Treasurer shall issue such State highway bonds or State highway certifi- 
cates of indebtedness in accordance with such request. 

1951 (47) 457. 

41 



§ 33-256 Code of Laws of South Carolina § 33-260 

§ 33-256. Pledge for payment. 

For payment of the principal and interest on all State highway bonds or 
State highway certificates of indebtedness whose issuance is authorized pur- 
suant to the provisions of this chapter there shall be pledged the full faith, 
credit and taxing power of the State. 

1951 (47) 457. 

§ 33-257. Execution of such obligations. 

All State highway bonds or State highway certificates of indebtedness is- 
sued under this chapter shall be signed by the Governor and the State Treas- 
urer. The great seal of the State shall be affixed to or impressed upon each 
of them and each shall be attested by the Secretary of State. The coupons 
attached to such State highway bonds or State highway certificates of indebt- 
edness shall be authenticated by a facsimile signature of the State Treasurer 
who is in office on the date of such State highway bonds or State highway 
certificates of indebtedness. The delivery of the State highway bonds or State 
highway certificates of indebtedness so executed and authenticated shall be 
valid notwithstanding any changes in officers or seal occurring after such 
execution or such authentication. 

1951 (47) 457. 

§ 33-258. Form, time, place and medium of payment. 

The State highway bonds or State highway certificates of indebtedness 
shall be issued in such form and with such provisions as to time, place and 
medium of payment as may be determined by the Governor and the State 
Treasurer, subject to the provisions of this chapter. 

1951 (47) 457. 

§ 33-259. Negotiability ; registration. 

State highway bonds or State highway certificates of indebtedness issued 
under this chapter shall be in the form of negotiable coupons, bonds or cer- 
tificates, payable to bearer, with the privilege to the holder of having them 
registered in his name on the books of the State Treasurer as to principal 
only or as to both principal and interest and such principal or both principal 
and interest, as the case may be, thus made payable to the registered holder, 
subject to such conditions as the State Treasurer may prescribe. State high- 
way bonds or State highway certificates of indebtedness so registered as to 
principal in the name of the holder may thereafter be registered as payable 
to bearer and made payable accordingly. 

1951 (47) 457. 

§33-260. Terms. 

Such State highway bonds or State highway certificates of indebtedness 
shall be of the denomination of one thousand dollars each. They shall bear 
interest, payable semiannually, at any rate or rates not exceeding the maxi- 
mum interest rate specified in the State Highway Department's request for 
the issuance of such State highway bonds or State highway certificates of in- 

42 



§ 33-261 Highways, Bridges and Ferries § 33-264 

debtedness. Each separate issue of such State highway bonds or State high- 
way certificates of indebtedness shall mature in annual series or instalments, 
the first of which annual series or instalments shall mature not more than ten 
years after the date of the bonds or certificates and the last not more than 
twenty-four years after such date. The instalments or series may be equal or 
unequal in amount. The bonds or certificates may, in the discretion of the 
Department, be made subject to call and redemption at par and accrued in- 
terest, plus such redemption premium as may be approved by the Governor 
and the State Treasurer, on such date as may be specified in the State High- 
way Department's request for the issuance of the bonds or certificates or on 
any interest payment date thereafter, prior to the maturity of the bonds or 
certificates. The bonds or certificates shall not be redeemable before maturity 
unless they contain a statement to that effect. 
1951 (47) 457. 

§ 33-261. Exemption from taxes. 

All State highway bonds or State highway certificates of indebtedness 
issued under this chapter shall be exempt from all State, county, municipal, 
school district and other taxes or assessments, direct or indirect, general or 
special, whether imposed for the purpose of general revenue or otherwise. 

1951 (47) 457. 

§33-262. Sale. 

Such State highway bonds or State highway certificates of indebtedness 
shall be sold by the Governor and the State Treasurer upon sealed proposals, 
after publication of notice of such sale one or more times at least fifteen days 
before such sale in a newspaper of general circulation in the State and also in 
a financial paper published in New York City which regularly publishes no- 
tices of sale of state or municipal bonds. The bonds or certificates shall be 
awarded to the highest bidder at a price not less than par and accrued in- 
terest to the date of delivery, but the right shall be reserved to reject all bids 
and to readvertise for sale the bonds or certificates. For the purpose of bring- 
ing about a successful sale of such bonds or certificates, the State Highway 
Department may do all things ordinarily and customarily done in connection 
with the sale of State or municipal bonds. All expenses incident to the sale 
of the bonds or certificates shall be paid from the State highway fund. 

1951 (47) 457. 

§ 33-263. Legal investments for fiduciaries. 

It shall be lawful for all executors, administrators, guardians and fiduci- 
aries and all sinking fund commissions to invest any moneys in their hands 
in such State highway bonds or State highway certificates of indebtedness. 

1951 (47) 457. 

§ 33-264. Disposition of proceeds of sale. 

The proceeds of the sale of any such State highway bonds or State highway 

43 



§ 33-265 Code of Laws of South Carolina § 33-283 

certificates of indebtedness shall be received by the State Treasurer and placed 
by him in a fund to the credit of the State Highway Department. 
1951 (47) 457. 

§ 33-265. Sinking fund. 

A sinking fund for the retirement of such State highway bonds or State high- 
way certificates of indebtedness is hereby established. If, in any year during 
the term for which any such bonds or certificates run, the revenues from 
the gasoline tax and motor vehicle license tax received by the State High- 
way Department are more than five per cent in excess of the revenue of the 
next preceding fiscal year, derived from these sources, one-half of such excess 
shall be contributed in such fiscal year to such sinking fund. In determin- 
ing the amount of sinking fund payments pursuant to this section, the addi- 
tional revenue accruing to the State highway fund by reason of Section 96 
of Act No. 1053 of 1950 (Acts 1950, p. 2549) shall not be taken into account. 

1951 (47) 457. 

Article 2. 
Other Financial Provisions. 

§ 33-281. "Accident claims" and "gasoline tax" defined. 

The expression "accident claims", as used in this chapter, means all claims 
against the State Highway Department as provided for by law, except con- 
tractual claims. The expression "gasoline tax", as used in this chapter, includes 
taxes for the privilege of selling, consigning, using, shipping or distributing 
gasoline or any substitute therefor or combination thereof usable in internal 
combustion engines for the generation of power. 

1951 (47) 457. 

§ 33-282. State highway fund. 

All revenues and income expendable by the Department may be consoli- 
dated into one fund to be known as the "State highway fund" and shall be paid 
out upon the authority of the Commission, on warrants of the Department 
approved by the Chief Highway Commissioner or such bonded officers or 
employees as may be designated by the Chief Highway Commissioner, 
and in the manner, and only for the several purposes, provided by law in 
respect to such funds. 

1951 (47) 457. 

§ 33-283. Revolving fund. 

The State Highway Department may set aside and deposit in its name the 
sum of two hundred thousand dollars as a revolving fund and all payments 
from such fund shall be restored to the fund by vouchers drawn on the Comp- 
troller General against the State highway fund. 

1951 (47) 457. 

44 



§ 33-284 Highways, Bridges and Ferries § 33-286 

§33-284. Portions of gasoline tax to be credited to Department; minimum 
tax 5 cents. 

For so long a time as there shall exist any indebtedness on account of State 
highway bonds or State highway certificates of indebtedness, the entire 
amount of the revenues derived from the first five cents of the gasoline tax 
levied on each gallon of gasoline and the motor vehicle license tax shall be 
credited to the State Highway Department and paid out as provided for in 
§§ 33-285 to 33-287 and, so long as any such bonds or certificates shall be out- 
standing, the rate of the gasoline tax shall be not less than five cents per gallon. 
In addition, and although it shall not be subject to the pledge made in the 
preceding sentence, the revenues from any other gasoline tax levied pursuant 
to law and made applicable thereby for the State Highway Department shall 
be placed to the credit of the Department and paid out as provided in §§ 33-285 
to 33-288. 

1951 (47) 457. 

Cross references. — As to gasoline tax gen- operations and by watercraft, see § 65-1114. 

erally, see §§ 65-1051 to 65-1142. As to dis- As to use of proceeds of tax on fuel, see 

tribution and use of gasoline tax, see §§65- § 65-1217. As to administration of tax on 

1074. 65-1089. As to allocation of the one fuel by State Highway Department, see 

cent tax retained on gasoline used in farm § 65-1218. 

§ 33-285. Payments of amounts in reimbursement ; interest. 

Out of the five cents gasoline tax allocated for the purposes of the State 
Highway Department, together with other current income or other funds of 
the Department, the State Highway Commission or Department shall make 
payments or reimbursements of the amounts which the Commission shall 
have, by agreements made with counties or highway or bridge districts since 
March 21 1924, agreed to pay as reimbursement for constructing State high- 
ways or for advancing money for such purpose to such counties or highway 
or bridge districts. All unpaid obligations of the State Highway Commission 
coming under the provisions of this section shall bear interest at the rate 
borne by any bonds or other obligations issued by counties or highway or 
bridge districts for the purpose of obtaining funds advanced or used for the 
construction of State highways and, when any county or highway or bridge 
district has advanced money to the State Highway Commission from sources 
other than from the sale of bonds or notes bearing a fixed rate of interest, 
the interest paid on such amounts shall be at the rate of four and one-half 
per cent per annum, payable annually. Payments of interest required by this 
section to be made at the rate borne by bonds or other obligations shall be 
made at or before the times when the interest on such bonds or other obli- 
gations falls due. The interest required to be paid to counties or highways or 
bridge districts under the provisions of this section shall be computed from 
March 16 1929. 

1942 Code § 2508; 1932 Code § 2508; 1929 (36) 107. 

§ 33-286. Estimates of and appropriations for Departmental expenses, includ- 
ing bonds. 
Not more than sixty days prior to the beginning of each fiscal year the State 

45 



§ 33-287 Code of Laws of South Carolina § 33-290 

Highway Department shall make an estimate of the revenues to be received 
by the Department during such fiscal year from the gasoline taxes referred 
to in § 33-284 and the motor vehicle license tax. In making such estimate 
the Department may include any other available revenues which will be re- 
ceived by it during such fiscal year and any available balance brought forward 
from previous years. The Department shall also estimate the amounts re- 
quired for the following purposes respectively, which estimated amounts 
are hereby appropriated for such purposes, respectively, viz. : 

(1) The amount required for the payment of the expenses of the Depart- 
ment for such fiscal year, including all expenses for administration, opera- 
tion, collection of revenues, payment of accident claims and law enforcement; 

(2) The amount necessary in order to make the payments to be made to or 
on behalf of counties, highway districts and bridge districts during such fiscal 
year or during the first fifteen days of the next succeeding fiscal year; 

(3) The amount necessary in order to pay the principal and interest falling 
due in such fiscal year or during the first fifteen days of the next succeeding 
fiscal year on State highway bonds or State highway certificates of indebted- 
ness theretofore issued pursuant to the provisions of this chapter; and 

(4) The amount necessary to make the annual sinking fund payments re- 
quired by this chapter to be made in such fiscal year. 

1951 (47) 457. 

§ 33-287. Balance of funds appropriated for highways. 

From the remainder of such revenues and receipts of such fiscal year as 
estimated pursuant to § 33-286, after paying the sum appropriated by said 
section, there is hereby appropriated a sum sufficient to maintain the highways 
of the State highway system for such year in a sound and serviceable condi- 
tion. Any surplus of such estimated revenues and receipts for the fiscal year, 
including available balances brought forward from previous years, is hereby 
appropriated for the construction, reconstruction and maintenance of State 
highways and for the payment of other expenses of the State Highway De- 
partment. 

1951 (47) 457. 

§ 33-288. Blank. 
§33-289. Blank. 

§ 33-290. Duplicate checks and vouchers. 

The State Highway Department may issue duplicate checks, drafts, war- 
rants or vouchers upon receipt of a competent indemnity bond executed by the 
payee and guaranteed by a responsible person and the Department may also 
execute indemnity bonds when necessary to secure the issuance of duplicate 
checks payable to the Department, the originals of which have been lost, 

1951 (47) 457. 

46 



§ 33-291 Highways, Bridges and Ferries § 33-292 

§ 33-291. Annual audit. 

The books and accounts of the State Highway Department shall be audited 
at least once a year by a certified public accountant or firm of certified public 
accountants, to be designated by the Governor, and a report of the audit 
shall be made annually to the General Assembly. The costs and expenses 
of such annual audit shall be paid by the Department out of its funds. 

1951 (47) 457. 

§ 33-292. Outstanding indebtedness for highway purposes validated, payment. 
The General Assembly hereby approves, ratifies, confirms and validates all 
outstanding indebtedness incurred for highway purposes prior to June 13 
1951 including: 

(1) All State highway certificates of indebtedness ; 

(2) All State highway bonds ; and, 

(3) All reimbursement agreements then outstanding with counties, road 
districts and bridge districts ; 

And directs the payment thereof, according to their tenor and obligation, 
except that, in the case of reimbursement agreements securing outstanding 
bonds or other obligations, the State Highway Department may, in its discre- 
tion, make payments due on account of such agreements directly to the paying 
agent of the outstanding bonds or other such outstanding obligations. 

1951 (47) 457. 



CHAPTER 5. 
Obstructions or Damages to Roads or Drainage Thereof.* 

Article 1. Sec. 

Damages Generally. 33-462. Suits for damages to roads in 

c Charleston County. 

~- .-, -»t ,. -,r , . 33-463. Use of vehicles or loads that drag 

33-4ol. Neehgent, wilful or wanton damage „_ __„ A 

, , , on rodci. 
to highways. 

33-452. Putting glass, etc., on highway pro- 
hibited. Article 3. 

33-453. Unlawful use of chains. Obstructions Generally and Drainage. 

33-454. Penalty for injuring mile post. 

33-455. Permit required to cut trenches in 33-491. Obstructions, etc., in highways. 

State highways. 33-492. Blank. 

33-456. Permit required to dig on other 33-493. Removal of obstructions in roads. 

highways. 33-494. Blank. 

33-457. Same; when municipality owns 33-495. Obstruction of roads by railroad 

waterworks or sewerage outside cars, etc. 

limits. 33-496. Railroads, obstruction of drainage 

33-45S. Same; Anderson County. or emptying water in road. 

33-459. Same; Clarendon County. 33-497. Liability of corporations for ob- 

33-460. Blank. structions by their agents. 

33-461. Damage to certain roads in Charles- 33-498. Drainage of highways in Newberry 

ton County. County; obstruction thereof. 

* As to prohibition of electrical wires within fifty feet of road, see § 24-93. 

47 



§33-451 Code of Laws of South Carolina §33-454 

Sec. Article 4. 

33-499. Drainage of lands into roads pro- Gates 

hibitcd in Pickens County. „ 

Sec 
33-500. Closing public roads in Saluda 

L County by flooding, etc 33-511. Erection of gates on highways. 

33-512. Gates on private roads. 
33-513. Requirements as to gates. 
33-514. Misdemeanor to interfere with 

gates. 
33-515. Damaging or leaving open gates. 

Article 1. 

Damages Generally. 
f 
§ 33-451. Negligent, wilful or wanton damage to highways. 

Any person who shall negligently, wilfully or wantonly damage a highway, 
highway facility, highway structure or trees or shrubs on a highway shall be 
guilty of a misdemeanor and, upon conviction, shall be fined not more than 
one hundred dollars or imprisoned for not more than thirty days. Any such 
person shall also be liable to the proper highway authorities in charge for 
the cost of such injury or damage in a civil action. 

1949 (46) 466. 

§ 33-452. Putting glass, etc., on highway prohibited. 

No person shall place, throw or deposit upon any highway any glass bottle, 
glass, nails, tacks, wire, cans or any other substance likely to injure any per- 
son, animal or vehicle upon such highway. Any person who drops or permits 
to be dropped or thrown upon any highway any destructive or injurious mate- 
rial shall immediately remove it or cause it to be removed. Any person re- 
moving a wrecked or damaged vehicle from a highway shall remove any 
glass or other injurious substance dropped upon the highway from such vehi- 
cle. A violation of any of the provisions of this section shall be punishable 
by a fine of not more than one hundred dollars or imprisonment for not more 
than thirty days. 

1949 (46) 466. 

§ 33-453. Unlawful use of chains. 

It shall be unlawful to operate motor vehicles with chains upon or around 
the wheels contrary to such regulations for the use of chains as may be adopt- 
ed and promulgated by the Department. A violation of this section shall be 
punishable by fine of not more than one hundred dollars or imprisonment for 
not more than thirty days. 

1949 (46) 466. 

§ 33-454. Penalty for injuring mile post. 

Any person who shall cut down, burn or deface any mile post or stone 
erected by the governing body or county supervisor of any county shall, upon 

48 



§ 33-455 Highways, Bridges and Ferries § 33-458 

conviction thereof, forfeit and pay the sum of ten dollars, to be recovered by 

indictment or information before any court of competent jurisdiction. 

1942 Code § 1611; 1932 Code § 1611; Cr. C. '22 § 575; Cr. C. '12 § 621; Cr. C '02 § 446; 
G. S. 1065; R. S. 357; 1871 (15) 666. 

§ 33-455. Permit required to cut trenches in State highways. 

It shall be unlawful for any person to cut trenches or lay pipes or tracks 
through, under, over or on any State highway or bridge without first obtaining 
a permit from the State Highway Engineer. A violation of this section shall 
be punishable by a fine of not more than one hundred dollars or imprisonment 
for not more than thirty days. 

1949 (46) 466. 

Cross reference. — As to drainage ditch 
crossing highway, see § 18-528. 

§ 33-456. Permit required to dig on other highways. 

Any person desiring to make any excavation for any purpose in or across 
any road outside any incorporated city or town, not in the State highway 
system, shall make and file with the county supervisor an application in writ- 
ing for permission to make such excavation. Such application shall state 
fully the nature, purpose, extent and depth of the proposed excavation and 
shall contain such further information as may be required by the supervisor. 
Before such permission shall be granted the applicant shall execute and deposit 
in the office of the supervisor of a good and sufficient bond of indemnity, or 
cash, in such sum as may be required to repair the road and restore it to as 
good condition as to foundation and surface as it was before being excavated. 
When such excavation is to be made by a solvent public utility such bond may 
be executed by the utility without additional surety. 

1942 Code § 5853-1 ; 1941 (42) 274. 

Cross reference. — As to enlargement of 
existing bridges, see § 18-526. 

§ 33-457. Same ; when municipality owns waterworks or sewerage outside 
limits. 

If any city or incorporated town owns its own waterworks or sewerage, 
which extends beyond the city or town limits, the city or town may in any 
particular case, after giving written notice to the county supervisor of its 
desire so to do and receiving the consent of the supervisor, proceed with the 
work without compliance with the requirements of § 33-456 and in any such 
case such city or town shall be responsible to the county for the repair of the 
road, it being optional with the city or town to bring itself within the provi- 
sions of this section with the consent of the supervisors. 

1942 (42) 1602. 

§ 33-458. Same ; Anderson County. 

No person in Anderson County shall dig a hole or a trench in any surface 
treated county road without first obtaining a permit therefor from the super- 

[4 SC Code]— 4 49 



§ 33-459 Code of Laws of South Carolina § 33-463 

visor of the county and depositing with the supervisor the sum of money nec- 
essary to repair the road, as estimated by the county engineer. Any person 
violating the provisions of this section shall be guilty of a misdemeanor and 
shall be punished by a fine of not more than one hundred dollars or imprison- 
ment for not more than thirty days. 
1950 (46) 2057. 

§33-459. Same; Clarendon County. 

It shall be unlawful for any person to cut any ditches across any of the public 
highways of Clarendon County without first having obtained a written permit 
from the governing body of the county who shall require the person applying 
for such permit to put in the ditch he may cut across the public highways 
terra cotta piping sufficiently large to provide ample water passage. Any 
person violating this section shall be guilty of a misdemeanor and, upon con- 
viction, shall be punished by a fine not exceeding twenty-five dollars or im- 
prisonment not exceeding thirty days upon the public works of said county. 

1942 Code § 1658; 1932 Code § 1658; Cr. C. '22 § 607; Cr. C. '12 § 658; 1907 (25) 657. 

§33-460. Blank. 

§ 33-461. Damage to certain roads in Charleston County. 

It shall be unlawful for any person to injure, damage or destroy any road 
in Charleston County which has been surfaced with concrete, asphalt, sand, 
clay, gravel, washer gravel or other surfacing material, whether done by motor 
vehicle, farm implement or otherwise. A violation of this section shall con- 
stitute a misdemeanor, punishable by a fine of not exceeding one hundred 
dollars or imprisonment in the county jail not exceeding thirty days or botb. 

1942 Code § 1645; 1932 Code § 1645; 1929 (36) 133. 

§ 33-462. Suits for damages to roads in Charleston County. 

The governing body of Charleston County may, in the name of the county, 
bring any proceeding, suit or action for injury or damage to the roads or 
bridges in said county or affecting the rights in any way thereto and to defend 
any proceeding, suit or action against the county the subject of which in- 
volves the roads or bridges, or the use thereof, in said county. 

1942 Code § 6137; 1932 Code § 6137; Civ. C. '22 § 3191; Civ. C. '12 § 2237; 1911 (27) 
92; 1917 (30) 40. 

§ 33-463. Use of vehicles or loads that drag on road. 

It shall be unlawful to operate upon any of the public highways of this 
State any two-wheeled timber carts with tongue or small wheel attached 
thereto which comes in contact with the road and it shall also be unlawful 
to operate any vehicle over any such highway for the purpose of earning 
timber or other loads by which timber or any other character of load is al- 
lowed to strike or drag the surface of the road. But this provision does not 
apply to four-wheeled lumber carts when the load is so suspended as not to 
come in contact with the road. A violation of this section shall be punishable 

50 [4 SC Code] 



§ 33-491 



Highways, Bridges and Ferries 



§ 33-492 



by fine of not more than one hundred dollars or imprisonment for not more 
than thirty days. 
1949 (46) 466. 



Article 3. 
Obstructions Generally and Drainage. 

§ 33-491. Obstructions, etc., in highways. 

It shall be unlawful for any person wilfully to obstruct ditches and drainage 
openings along any highway, to place obstructions upon any such highway 
or to throw or place on any such highway any objects likely to cut or other- 
wise injure vehicles using them. A violation of this section shall be punish- 
able by a fine of not more than one hundred dollars or imprisonment for not 
more than thirty days. 

1949 (46) 466. 



Editor's note. — The cases in this annota- 
tion construe a former section which con- 
tained similar language. 

This section is applicable only to the 
obstruction of public highways, that is, 
those highways that are under the jurisdic- 
tion of the State or county authorities, such 
as are laid out or improved at public ex- 
pense. State v. Mellette, 106 S. C. 224, 
91 S. E. 4 (1916). 

As to what are public roads, see Kirbv 
v. Southern Ry., 63 S. C. 494, 41 S. E. 765 
(1902). 

It applies to neighborhood roads, which 
the public have acquired the right to use 
by prescription. State v. Trier, 54 S. C. 
294, 32 S. E. 422 (1899); State v. Floyd, 
39 S. C. 23, 17 S. E. 505 (1893); State v. 
Sartor, 2 Strob. (33 S. C. L.) 60; State 
v. Toale, 74 S. C. 425, 54 S. E. 608 (1906); 
State v. Knotts, 70 S. C. 400, 50 S. E. 9 
(1905); Earle v. Poat, 63 S. C. 439, 41 
S. E. 525 (1902); State v. Washington, 80 
S. C. 376, 61 S. E. 896 (190S). See also, 
State v. Mellette, 106 S. C. 224, 91 S. E. 
4 (1916); State v. Harden, 11 S. C. 360 
(1879). 

Adverse use to establish prescriptive 
right.— State v. Rodman, 86 S. C. 154, 68 
S. E. 343 (1910). 

The actual opening of road by county 
commissioners may be shown by any wit- 
ness who knows the fact. State v. Kendall, 
54 S. C. 192, 32 S. E. 300 (1899). 

And the proceedings of the commission- 
ers in opening the road may be collaterally 
attacked for jurisdictional defects, but not 
for mere irregularities. State v. Kendall, 
54 S. C. 192, 32 S. E. 300 (1899). 



Testimony as to plat showing survey of 
road.— State v. Crocker, 49 S. C. 242, 27 
S. E. 49 (1897). 

The question of where the line of the 
highway runs is a question of fact upon 
which the court can express no opinion. 
Steverson v. Orangeburg County, 128 S. C. 
335, 121 S. E. 789 (1924). 

It is applicable only to temporary ob- 
structions. — An indictment for obstructing 
a highway by building a house thereon can- 
not be based on this section as this section 
applies only to temporary obstructions. 
State v. Wolfe, 61 S. C. 25, 39 S. E. 179 
(1901). 

Question as to purpose of obstruction 
of highway is one for jury. — Whether logs 
are placed in highway to protect the land 
of defendant or to obstruct the highway 
is for the jury, and if so placed as to ob- 
struct the road by design, defendant is 
guilty. State v. Havird, 88 S. C. 227, 70 S. 
E. 721 (1911). 

In the dissenting opinion in Steverson v. 
Orangeburg County, 128 S. C. 335, 121 
S. E. 7S9 (1924), it was held that a culvert 
placed at the intersection of a highway and 
a neighborhood road was not a part of the 
highway. 

Court of sessions has concurrent juris- 
diction with magistrate court. — The court 
of sessions has concurrent jurisdiction with 
the magistrate court of one indicted for 
willfully obstructing and closing the pub- 
lic road by erecting a house thereon. State 
v. Wolfe, 61 S. C. 25, 39 S. E. 179 (1901). 

The mere obstructing of a highway is in 
itself a public nuisance. State v. Harden, 
11 S. C. 360 (1879). 



§ 33-492. Blank. 



51 



§ 33-493 Code of Laws of South Carolina § 33-495 

§ 33-493. Removal of obstructions in roads. 

Any time during the year when any public highway shall be obstructed, any 
overseer of the district in which it may be shall forthwith cause such obstruc- 
tion to be removed. 

1942 Code § 5828; 1932 Code § 5828; Civ. C. '22 § 2921; Civ. C. '12 § 1946; 1902 (23) 1007. 

§33-494. Blank. 

§ 33-495. Obstruction of roads by railroad cars, etc. 

If any person shall obstruct unnecessarily any street, public road or highway 
by permitting any railroad car or locomotive to be or remain upon or across 
any street, public road or highway for a longer period than five minutes, after 
notice to remove such car or locomotive has been given to the conductor, engi- 
neer, agent or other person in charge of such car or locomotive or shall permit 
any timber, wood or other obstruction to remain upon or across any such 
street, road or highway to the hindrance or inconvenience of travelers or any 
person passing along or upon such street, road or highway, such person so 
offending shall forfeit and pay for every such offense a sum not exceeding 
twenty nor less than five dollars and shall be liable for all damages arising 
to any highway, to be recovered by an action at the suit of the county in which 
such offense shall have been committed or any person suing for the same, be- 
fore any magistrate within the county in which such offense shall have been 
committed or by indictment in the court of general sessions or suit in the 
court of common pleas. All fines so accruing under the provisions of this 
section, when collected, shall be paid over by the magistrate to the county 
treasurer for the district in which such offense was committed. Every twenty- 
four hours such person, after being notified, shall suffer such obstruction to re- 
main, to the hindrance or inconvenience of travelers or any person going 
along or upon such road or highway, shall be deemed an additional offense 
against the provisions of this section. 

1942 Code § 5829; 1932 Code § 5829; Civ. C. '22 § 2922; Civ. C. '12 § 1947; Civ. C. '02 
§ 1375; 1896 (22) 234; 1902 (23) 1007. 

Cross reference. — As to obstruction of highways in Barnwell County, was held not 
roads by railroad cars and equipment, see to authorize an action in the court of com- 
§ 58-1264. mon pleas by a traveler for damages on ac- 

count of injury from an obstruction. 

Obstruction of highway by railroad com- Woodward v. South Carolina, etc., R. Co., 
pany.— This section does not change or 47 s _ c 2 33, 25 S. E. 146 (1S96). 



When erection of dam results in over- 



affect the rule laid dow r n in Littlejohn v. 

Richmond, etc., R. Co., 49 S. C. 12, 26 

_ _ „,_' ,,„„.,. , , .. ., , ., , now of county highways, county is not 

S. E. 967 (1897), holding that a railroad . . .. *. ° ',' , J , 

, , , . given a right of action for such damages 

company may be a trespasser in obstruct- r ,, . .. , , ■ , , 

... • . i • •. ^ ■ by this section, under which damages are 

ing a public crossing by leaving its train ' i i r • t •• c.i j . * 

° .. -m. i ii recoverable tor violation of the duty to re- 
standing across it for an unreasonable , . . ... 
, ., °, ,. ,,, ,. r. ., t, •,-, move an obstruction in a nighwav on no- 
length of time. Walker v. Southern Ky., 77 .. , ttj c u /- *- 

S. C. 161, 57 S. E. 764 (1907). See also, ^ e '° do J |°- Ed r sefi ? n d ,^ ou " ty *" ^r" 

Miller v. Atlantic Coast Line R. Co., 140 fwohna Power Ca ' 104 S " C 311 ' 88 S ' E ' 

S. C. 123, 13S S. E. 675 (1927), holding that btn ( lJl( >)- 

a railroad may not obstruct a highway un- Action may be combined.— A county's 

necessarily or unreasonably. cause of action for damages for obstruct- 

Action by traveler for injury from ob- ing a highway, given by the express terms 

struction. — A similar statute in reference to of this section, may be combined in one ac- 

52 



§ 33-496 Highways, Bridges and Ferries § 33-498 

tion with its cause of action for damages to allege in his complaint that the defend- 

for injuries to bridges, highways, or other ant railroad had violated this section and 

property. Edgefield County v. Georgia- 58-1001, if action was based on common-law 

Carolina Power Co., 104 S. C. 311, 88 S. E. principles of negligence. Myers v. Atlantic 

801 (1916). Coast Line R. Co., 172 S. C. 236, 173 S. E. 

Complaint need not refer to statute. — 812 (1934). 

Complaint stating facts necessary to make For related case, see Settlemeyer v. 

out a cause of action for obstructing a high- Southern Ry., 97 S. C. 85, 81 S. E. 465 

way, under the statute, need not refer to (1914). 

the statute, nor set out its terms. Smith Cited in Drews v. Burton & Co., 76 S. 

v. Gilreath, 69 S. C. 353, 48 S. E. 262 (1904). C. 362, 57 S. E. 176 (1907); Spiers v. At- 

Violation of section not pleaded in com- lantic Coast Line R. Co., 174 S. C 508. 

mon-law action. — Motorist who ran into 178 S. E. 136 (1935). 
box cars obstructing highway did not have 

§ 33-496. Railroads, obstruction of drainage or emptying water in road. 

It shall be unlawful for any railroad company to obstruct, by its roadbed 
or otherwise, the drainage of any public road or highway, or to empty the 
water from its ditches into any public road or highway, to the injury of such 
highway. If any railroad company, being warned by the overseer of the 
proper district by leaving a written notice with any agent or informing any 
station agent of the railroad company personally, shall refuse or neglect to 
remedy any such obstruction to the satisfaction of the overseer, it shall for- 
feit and pay a sum not exceeding fifty nor less than twenty dollars, to be re- 
covered by an action at the suit of the county before any magistrate. And 
every ten days such railroad company, after being notified, shall neglect or 
refuse to remedy such offense shall be deemed an additional offense against 
the provisions of this chapter. Any money so collected shall be paid by the 
magistrate collecting it to the county treasurer and the money so paid over 
shall become a part of the county road fund. 

1942 Code § 5831; 1932 Code § 5831; Civ. C. '22 § 2924; Civ. C. '12 § 1949; 1902 (23) 
1008. 

§ 33-497. Liability of corporations for obstructions by their agents. 

Every railroad company or other corporation, the servant, agent or em- 
ployee of which shall, in any manner, obstruct any street, public road or high- 
way, shall be liable to pay any fine which may be assessed against such servant, 
agent or employee, for so obstructing such street, public road or highway. 
Such liability may be enforced by execution against such railroad company or 
other corporation on the judgment rendered against such servant, agent or 
employee for so obstructing such street, public road or highway. 

1942 Code § 5830; 1932 Code § 5830; Civ. C. '22 § 2923; Civ. C. '12 § 1948; 1902 (23) 
1008. 

§33-498. Drainage of highways in Newberry County; obstruction thereof. 

It shall be the duty of the supervisor and governing body in Neivberry 
County, or any person having charge of road improvement in said county, to 
give each highway a proper and sufficient drainage and any person who shall 
obstruct any ditch or culvert in Newberry County, and thereby prevent the 
proper drainage of any highway, by plowing into such ditch or culvert or by 
any manner of obstruction, shall be guilty of a misdemeanor and, upon convic- 

53 



§ 33-499 Code of Laws of South Carolina § 33-511 

tion thereof, shall be fined not less than five dollars nor more than twenty 
dollars for each offense or imprisoned for not less than ten days nor more 
than twenty days. The supervisor shall strictly enforce this section. 
1942 Code § 1654; 1932 Code § 1654; Cr. C. '22 § 603; Cr. C. § 637; 1909 (26) 133. 

§ 33-499. Drainage of lands into roads prohibited in Pickens County. 

It shall be unlawful in Pickens County for any owner of lands along- any 
public road or highway in said county to make or erect an)' terrace, ditch or 
sluice upon such lands in such manner as to drain the water therefrom upon 
and into such road or highway. Any person convicted of a violation of this 
section shall suffer imprisonment for not more than thirty days or pay a fine of 
not more than one hundred dollars. 

1942 Code § 1661; 1932 Code § 1661; Cr. C. *22 § 610; 1919 (31) 61. 

§ 33-500. Closing public roads in Saluda County by flooding, etc. 

It shall be unlawful for any person to cover, submerge or close any public 
road or bridge in the county system of public roads in Saluda County, which 
are maintained by the county, by the erection of any dam, canal or waterway 
or by creating any artificial lake or reservoir, without first entering into 
an agreement with the governing body of Saluda County fixing the terms and 
conditions upon which such roads may be submerged or closed and the value 
to the county of such roads as may be closed or entering into contract whereby 
such person as may desire to close any such road shall relocate such road or 
substitute a new road for the public travel in such places as may be deter- 
mined necessary by the governing body of Saluda County at the expense of 
such person who may require the closing of such road. Any person violating 
any of the provisions of this section shall, in addition to the liability for dam- 
ages suffered by the county for the closing of such roads, be subject to a fine 
of not less than five hundred dollars for each and every road closed or rendered 
useless for public travel by reason of such impounded water and the proper 
county officials of Saluda County may institute such suit as may be necessary 
to enforce the payment of such damages as may have been suffered by the 
county as well as to enforce the payment of the penalty or fine herein provided 
for. 

1942 Code § 1662; 1932 Code § 1662; 1931 (37) 394. 

Article 4. 

Gates. 

§ 33-511. Erection of gates on highways. 

The governing bodies of the several counties in this State may, on applica- 
tion to them for the purpose, allow the erection of gates upon the highways 
of the State wherever in their judgment such erection may be expedient and 
not detrimental to the public interest, subjecting the person owning or erecting 
such gates, nevertheless, to the pains and penalties prescribed in § 33-513. 

1942 Code § 1642; 1932 Code § 1642; Cr. C. '22 § 594; Cr. C. '12 § 626; Cr. C. '02 § 451; 
G. S. 1072; R. S. 361; 1878 (16) 361; 1893 (21) 481. 

54 



§33-512 Highways, Bridges and Ferries §33-515 

§ 33-512. Gates on private roads. 

Any citizen of this State over whose land any road, other than a public 

highway, may pass may erect gates thereon and such person may be indicted 

for maintenance of a nuisance if he fails to keep such gates as provided in 

§33-513. 

1942 Code § 1640; 1932 Code § 1640; Cr. C. '22 § 592; Cr. C. '12 § 624; Cr. C. '02 § 449; 
G. S. 1067; R. S. 359; 18S5 (19) 59. 

A neighborhood road or path is within 
the provisions of this section. State v. 
Jefcoat, 11 Rich. (45 S. C. L.) 529. 

§33-513. Requirements as to gates. 

The owner or keeper of any gate which obstructs a highway, either public 
or private, shall have such gate constructed so as to afford a roadway be- 
tween the posts of at least nine feet and shall keep the gate in such repair and 
condition as to be easily opened and shut and so that the latch or fastening will 
adjust itself on being closed. He shall also erect or cause to be erected, at 
a convenient distance from such gate, a suitable hitching post for the con- 
venience of those traveling <n horse-drawn and similar vehicles. The owner 
or keeper of such a gate who shall fail to comply with the requirements of 
this section shall, upon conviction, for each offense pay a fine of not less than 
twenty-five dollars or be imprisoned in the county jail for a term not exceed- 
ing thirty days. 

1942 Code § 1640; 1932 Code § 1640; Cr. C. '22 § 592; Cr. C. '12 § 624; Cr. C. '02 § 449; 
G. S. 1067; R. S. 359; 1885 (19) 59. 

§ 33-514. Misdemeanor to interfere with gates. 

In case any person shall interfere with, injure, destroy or wilfully leave 

open any such gate as is mentioned in § 33-512 or § 33-513 such person shall 

be liable to indictment as for a misdemeanor. 

1942 Code § 1641; 1932 Code § 1641; Cr. C. '22 § 593; Cr. C. '12 § 625; Cr. C. '02 § 450; 
G. S. 1068; R. S. 360; 1855 (12) 408. 

§ 33-515. Damaging or leaving open gates. 

If any person shall wilfully cut or destroy any gate which may be put up 

pursuant to § 33-511 whilst such gate is kept in good order, such person shall 

pay a penalty of twenty dollars, to be recovered by an action at the suit of the 

county before a magistrate. And if any person shall wilfully leave open any 

such gate such person shall be liable to pay a like penalty, to be recovered as 

aforesaid. 

1942 Code § 1643; 1932 Code § 1643; Cr. C. *22 § 595; Cr. C. "12 § 627; Cr. C. '02 § 452; 
G. S. 1073; 1821 (9) 509. 



55 



§ 33-551 Code of Laws of South Carolina § 33-561 

CHAPTER 6. 

Highway Beautification. 

Article 1. Sec. 

General Provisions. 33-563. Unlawful to injure, etc., plants 

S ec _ along such highway. 

33-551. Putting trash on highways prohib- Article 3 

ited. 
33-552. Unlawful to cut certain trees along Highway Beautification in Berkeley, 

highways in Beaufort County. Charleston and Dorchester 

Counties. 

Article 2. 33-571. Boards created for Berkeley and 

•d i-c j c *■ r tt- i Dorchester Counties. 

Beautified Section of Highway. ,, ,-,-, ,, , 

a 33-572. Members; tcrir.s; vacancies. 

33-561. Marking of beautified section of 33-573. Blank. 

highway. 33-574. Blank. 

33-562. Same; special provision for Charles- 33-575. Duties and powers. 

ton County. 33-576. Beautification in Charleston Coun- 

ty. 

Article 1. 
General Provisions. 

§ 33-551. Putting trash on highways prohibited. 

No person shall dump or leave any trash, refuse or garbage on any high- 
way. Any violation of this section shall be punishable by a fine of not more 
than one hundred dollars or by imprisonment for not more than thirty days 
and in addition any person violating this section may be required to remove 
from the highway any such trash, refuse or garbage dumped or left on the 
highway. 

1949 (46) 466. 

§ 33-552. Unlawful to cut certain trees along highways in Beaufort County. 

Whoever shall cut down, mutilate or kill any growing tree, growing within 
ten feet of any public road or highway which shall be laid out, altered or 
mended by authority of the governing body or the county supervisor of Beau- 
fort County, without the consent in writing of the county supervisor, shall, 
upon conviction thereof, pay a fine of not less than twenty-live dollars nor 
more than one hundred dollars or be imprisoned for not longer than thirty 
days. The county supervisor shall not give any such consent in writing with- 
out approval by a majority vote of the governing bod}- of the county. 

1942 Code § 1651; 1932 Code § 1651; Cr. C. '22 § 600; Cr. C. '12 § 634; 1910 (26) 701. 

Article 2. 
Beautified Section of Highway. 

§ 33-561. Marking of beautified section of highway. 

Whenever the lands adjoining any hard-surfaced public road or highway in 
this State shall be beautified by the planting or maintaining of flowers or 
ornamental trees or shrubs on the lands adjoining it by any agreement of 
the land owners adjoining such road or by their permission, such stretch of 

56 



s 33-562 Highways, Bridges and Ferries § 33-572 

road shall lie marked at either end hy the road authorities of the county or 
counties wherein it lies by some suitable sign showing that the stretch of road 
between such signs has been beautified. 
1949 (46) 466. 

§ 33-562. Same; special provision for Charleston County. 

In Charleston County the provisions of §33-561 shall apply to all public 
roads or highways, whether hard surfaced or not. 

1949 (46) 466. 

§ 33-563. Unlawful to injure, etc., plants along such highway. 

When any stretch of road shall have been so designated and marked by the 
road authorities of any county or counties it shall be unlawful for any person 
to dig, pull up, gather, remove, cut, maim, break or injure in any way, including 
any injury done by fires intentionally set, any wild, cultivated or ornamental 
plants, shrubs and trees situated on or along any such marked stretch of pub- 
lic road or highway or any public or privately owned land lying along such 
road. But the provisions of this section shall not apply where the acts hereby 
prohibited are done by or under the instructions of the proper authorities 
lawfully in charge of such public roads, highways or lands or by or with the 
permission of the owner of any privately owned lands. 

Nothing herein contained shall affect the right of any person interested 
to recover damages in a suit, action or proceeding for the commission of any 
of the acts and deeds hereby prohibited. 

Any violation of the provisions of this section shall be punishable by a fine 
of not more than one hundred dollars or imprisonment for not more than thirty 
days. 

1949 (46) 466. 

Article 3. 
Highway Beautification in Berkeley, Charleston and Dorchester Counties. 

§33-571. Boards created for Berkeley and Dorchester Counties. 

There are hereby created, in the counties of Berkeley and Dorchester, county 
boards of highway beautification to be known as follows : in Berkeley County 
"The Berkeley County Board of Highway Beautification," and in Dorchester 
County, "The Dorchester County Board of Highway Beautification." 

1942 Code § 4063; 1937 (40) 445. 

§ 33-572. Members ; terms ; vacancies. 

Said boards shall consist of three members to be appointed by the Governor 
upon recommendation of a majority of the members of the respective county 
legislative delegations. The terms of office shall be for a period of two years 
and until their successors have been appointed and qualified. Any vacancies 
that may from time to time exist upon either such board shall be filled 
for the unexpired term by appointment by the Governor upon the recommenda- 
tion of the majority of the appropriate county legislative delegation. 

1942 Code § 4063; 1937 (40) 445. 

57 



§ 33-573 Code of Laws of South Carolina § 33-601 

§33-573. Blank. 
§33-574. Blank. 

§ 33-575. Duties and powers. 

Each of such boards shall make a survey of the State and county roads and 
highways in its county, with a view to the beautification thereof, and shall 
on or before the first day of January of each year file with its respective county 
legislative delegation its recommendations as to the conditions of the roads 
and highways in its county from the standpoint of beautification and as to 
appropriate legislation needed to facilitate carrying out a program to the end 
that such roads and highways will be made more attractive to the traveling 
public. Each of said boards is particularly authorized and empowered to in- 
quire into the enforcement of §§ 33-561 to 33-563 in its county and to take 
proper measures to procure the enforcement thereof. 

1942 Code § 4063; 1937 (40) 445. 

§ 33-576. Beautification in Charleston County. 

In Charleston County the governing body of the county shall have all the 
powers vested by § 33-575 in the boards of highway beautification of Berkeley 
and Dorchester Counties. 

1942 Code § 4063; 1937 (40) 445. 



CHAPTER 7. 

Provisions Affecting Bridges Only.* 

Sec. Sec. 

33-601. Commission may cooperate with re- 33-609. Formation of bridge districts by 

spect to interstate bridges. counties. 

33-602. Counties may provide funds; reim- 33-610. Width of bridges on State high- 

bursement. ways. 

33-603. Sections inapplicable to certain 33-611. Blank. 

bridges. 33-612. Contracts for work on bridges. 

33-604. Blank. 33-613. Same; exception in Richland and 

33-605. Commission may grant permits for Sumter Counties. 

toll bridges. 33-614. Injury to bridges, etc. 

33-606. Public notice before issue of permit. 33-615. Owners of mill dams and bridges 

33-607. Duties of county governing bodies to keep them in repair. 

with respect to bridges. 33-616. Illegal to carry fire on bridge. 

33-008. Bridges over waters between two 33-617. Certain types of buildings not to be 

counties. erected within fifty feet of bridge. 

§ 33-601. Commission may cooperate with respect to interstate bridges. 

The Slate Highway Commission may cooperate and negotiate with the 
proper authorities of adjoining States in the construction, purchase, acquisi- 
tion and maintenance of bridges constructed or to be constructed across 
>trc;uns which constitute boundaries between this State and such adjoining 



As to exemption of school trustees from all bridge charges, sec § 21-242. 

58 



§ 33-602 Highways, Bridges and Ferries § 33-606 

states and may expend for such purposes not exceeding one-half of the total 
cost of such bridges and approaches thereto and bear a proportionate part of 
the maintenance thereof, such expenditures to be made from the funds avail- 
able for the construction and maintenance of highways and bridges in the State 
highway system. 

1942 Code § 6062; 1932 Code § 6062; 1926 (34) 995. 

Cross reference. — As to new construction 
of bridges over the Ashley, Broad and Con- 
garee Rivers, see §§33-203 to 33-205. 

§ 33-602. Counties may provide funds; reimbursement. 

Any county may, with the approval of the State Highway Commission, pro- 
vide the funds necessary for participation in the construction, purchase or 
acquisition of any such bridge as is described in § 33-601 and shall be entitled 
to reimbursement therefor under the provisions of chapter 4 of this title. 

1942 Code § 6063; 1932 Code § 6063; 1926 (34) 995. 

Cross reference. — As to State highway 
system generally, see §§ 33-101 to 33-235. 

§ 33-603. Sections inapplicable to certain bridges. 

Sections 33-601 and 33-602 shall not apply to any bridge or crossing which 
does not constitute the terminus of a highway in the State highway system. 

1942 Code § 6062; 1932 Code § 6062; 1926 (34) 995. 

§33-604. Blank. 

§ 33-605. Commission may grant permits for toll bridges. 

The State Highway Commission may permit any person, county or munic- 
ipality, or any combination thereof, to construct toll bridges and appertaining 
structures suitable for highway traffic on any roads of the State highway 
system. But before any such permit is issued an agreement satisfactory to 
the State Highway Department must be executed by the person receiving 
such permit fixing conditions under which the bridge is to be constructed, the 
character and design of the structure, the rate of toll to be charged traffic using 
it and the terms according to which it can be acquired by the State or counties 
concerned. 

1942 Code § 6064; 1932 Code § 6064; 1926 (34) 995. 

Cross reference. — As to provisions affect- 
ing privately owned toll bridges, see §§ 33- 
760 to 33-7&3. 

§ 33-606. Public notice before issue of permit. 

No permit shall be issued by the State Highway Commission under the 
authority of § 33-605 except after advertisement of all the terms and condi- 
tions affecting such permit in at least five daily newspapers of this State and 
after the county legislative delegation of every county directly adjacent to 

59 



§33-607 Code of Laws of South Carolina §33-610 

the bridge has been given formal notice, describing such terms and conditions, 
and has approved such terms and conditions. 
1942 Code § 6065; 1932 Code § 6065; 1926 (34) 995. 

§ 33-607. Duties of county governing bodies with respect to bridges. 

The governing body of each county may have special supervision of the 
building of new bridges over the rivers and creeks of this State and of extra 
and extensive repairs of old bridges. When such work is to be accomplished 
the supervisor and governing body of the county shall give fifteen days' notice 
in the county paper and in writing duly posted in the neighborhood in which 
such work is to be performed that the supervisor will be at such place on such 
a day and hour, with suitable specifications, to let out such work to the lowest 
bidder and to take from the successful bidder a sufficient bond for the faithful 
performance of his duty. When the work is done it shall be inspected by the 
supervisor and the governing body of the county and they shall accept or re- 
ject the work according as they may determine whether the contractor has 
or has not complied with the terms of the contract. 

1942 Code § 5842; 1932 Code § 5842; Civ. C. '22 § 2935; Civ. C. '12 § 1959; 1902 (23) 1014. 

§ 33-608. Bridges over waters between two counties. 

If it shall be necessary to erect or repair any bridge over waters of this 
State which shall constitute a boundary line between counties the governing 
bodies of such counties shall cause such bridge to be erected or repaired in the 
manner provided in § 33-607 each county bearing an equal share of the expense 
so incurred. And when any such bridge already exists or shall hereafter 
be built, such governing bodies shall divide the same, by measurement from 
the center to the end of each approach, and each county shall be responsible 
for the good condition of the half next adjoining such county. And when it 
becomes necessary to build a new bridge or to replace entirely an old one which 
has been carried away or destroyed, the governing bodies of the two counties 
shall do so, as aforesaid. 

1942 Code § 5843; 1932 Code § 5843; Civ. C. '22 § 2936; Civ. C. '12 § 1960; 1902 (23) 1014. 

Applied in Verner v. Muller, 89 S. C. 545, 
72 S. E. 393 (1911). 

§ 33-609. Formation of bridge districts by counties. 

Any two or more counties of this State desiring to construct a bridge or 
bridges across any of the streams of the State, whether contiguous to such 
counties or not, may enter into a combination and form a bridge district. 

1942 Code § 5844; 1932 Code § 5844; 1922 (32) 1332. 

§ 33-610. Width of bridges on State highways. 

It shall be unlawful for any person, board, commission or other group of 
persons charged with the duty of building bridges on the public highways 
of this State within the Slate Highway System to construct any bridge of 
insufficient width to allow the free passage of at least two vehicles at one 
time and it shall also be unlawful to construct any such bridge without pro- 

60 



§33-611 Highways, Bridges and Ferries §33-614 

viding for and maintaining a clearly defined center line on it, sufficiently clear 
and distinct to be plainly discernible at all times. On all such bridges there 
shall be provided ample width on each side of such line for the passage of one 
vehicle. 

1942 Code § 1615: 1932 Code § 1615; 1928 (35) 1203; 1937 (40) 222. 

§33-611. Blank. 

§ 33-612. Contracts for work on bridges. 

All the work on bridges given out by the county supervisor and the gov- 
erning body of the county shall be done by contract when the amount shall 
exceed the sum of ten dollars. When the amount shall exceed the sum of 
one hundred dollars, the county supervisor and the governing body of the 
county shall advertise the work in at least one of the papers in the county. 
When the amount is less than one hundred and more than ten dollars, the 
county supervisor and governing body of the county shall advertise the work 
by posting a notice in three public places, one of which must be at the place 
where the work is to be done, such notices to be posted ten days prior to the 
day on which the work is to be let. 

A proposal to do any such work shall in all such cases be accompanied by 

two or more sureties when the amount thereof is in excess of one hundred 

dollars. The county supervisor and the governing body of the county shall 

have the right to reject any or all bids if in their judgment the interest of the 

county so requires. 

1942 Code § 5808; 1932 Code § S80S; Civ. C. '22 § 2902; Civ. C. '12 § 1929; 1902 (23) 
998; 1910 (26) 721; 1913 (28) 5. 

Provision for contract mandatory. — It is contract should be in existence; for the 

a condition of the power or jurisdiction of language of the statute is mandatory and 

the county board of commissioners to al- not permissive. State v. Goodwin, 81 S. C. 

low a claim under this section, that a 419, 62 S. E. 1100 (1908). 

§ 33-613. Same ; exception in Richland and Sumter Counties. 

In Richland and Sumter Counties it shall not be necessary to advertise by 

posting or otherwise for work on bridges in cases of emergency, when the 

sum to be expended is less than one hundred dollars. 

1942 Code § 5808; 1932 Code § 5808; Civ. C. '22 § 2902; Civ. C. '12 § 1929; 1902 (23) 998; 
1910(26) 721; 1913 (28) 5. 

§ 33-614. Injury to bridges, etc. 

Whoever shall wantonly or wilfully injure or destroy any bridge built by 
authority of the commissioners of any two counties over any river or creek 
lying between such counties, on indictment and conviction of so doing at the 
court of general sessions in the county in which the offense was committed, 
shall be subject to such fine and imprisonment as the court shall direct. But 
nothing herein contained shall be construed to extend to any toll bridge es- 
tablished by law. Any person who shall wilfully or maliciously injure or 
destroy an}' bridge on any public road in this State shall be guilty of a mis- 
demeanor and, upon conviction thereof, shall be fined in a sum not less than 

61 



§33-615 Code or Laws of South Carolina §33-617 

fifty nor more than five hundred dollars or be imprisoned not less than thirty 

nor more than ninety days, in the discretion of the court. Nothing herein 

contained shall affect the right of action for damages in a civil suit against 

the person so injuring or destroying any such bridge. 

1942 Code § 1647: 1932 Code 5 16-17; Cr. C. '22 § 597; Cr. C. '12 § 629; Cr. C. '02 § 454; 
G. S. 2509, 2510, 2511 ; R. S. 363; 1825 (9) 570; 1881 (17) 570. 

§ 33-615. Owners of mill dams and bridges to keep them in repair. 

All owners of mill dams and bridges in connection therewith over which 
any public highway shall pass shall keep the same in good repair and no 
county shall be responsible for repairs upon them, except that the governing 
body of any county may have any such dam or bridge repaired in the ordinary 
way of repairing highways and bridges, if, in their opinion, such ordinary 
repairs be just. 

1942 Code § 5S15; 1932 Code § 5834; Civ. C. '22 § 2937; Civ. C. '12 § 1961; 1904 (24) 399. 

§ 33-616. Illegal to carry fire on bridge. 

No person shall carry over or otherwise have or place any fire on any wooden 
bridge or bridge the superstructure whereof is of wood, constructed by the 
authority of the General Assembly. Every person so offending shall, on con- 
viction before any county magistrate, pay a fine not exceeding ten dollars 
nor less than two dollars and shall be liable for all damages occasioned thereby. 

1942 Code ; 6057; 1932 Code §§ 1681, 6057; Civ. C. '22 § 628, 3103; Civ. C. '12 § 2149; 
Civ. C. '02 § 1419; Cr. C. '22 § 628; G. S. 1112; R. S. 1229; 1827 (6) 314. 

§ 33-617. Certain types of buildings not to be erected within fifty feet of bridge. 
No person shall erect or cause to be erected any building or other edifice 
which is not made fireproof by being constructed of stone or brick and roofed 
with tile or slate within fifty feet of the wooden part of any bridge which is 
more than fifty feet long and has been constructed by authority of the Gen- 
eral Assembly. If any person shall attempt to erect such a building or edifice, 
he may be enjoined from proceeding therein by the court of common pleas 
or any judge thereof. If such a building or edifice be erected contrary to this 
section, such court may order such building or edifice to be taken down and 
removed, and the proprietor of the bridge, his officers or agent, may execute 
such order under the direction of the sheriff of the county or his deputy. 

1942 Code § 6058; 1932 Code § 6058; Civ. C. '22 § 3104; Civ. C. '12 § 2150; Civ. C. '02 
§ 1420; G. S. 1114; R. S. 1230; 1827 (6) 314. 



62 



§ 33-702 



Highways, Bridges and Ferries 

CHAPTER 8. 
Provisions Affecting Ferries Only. 



§ 33-703 



Article 1. 
General Provisions. 

Sec. 

33-702. Counties may grant charters; re- 
ports to Secretary of State. 

33-703. Charters or renewals granted by 
county governing bodies. 

33-704. How, to whom and for how long 
charter granted. 

33-705. Form of charter. 

33-706. Transportation of passengers with- 
in mile of established ferry. 

33-707. Rates of toll. 

33-708. No tolls charged when ferry boat 
not used. 

33-709. Private ferries to pass exempt per- 
sons free. 

33-710. Blank. 

33-711. Delaying passenger one hour at fer- 
ries. 

33-712. Keepers of ferries to keep banks in 
order. 

33-713. Slips to be kept in repair by owners 
of ferries. 

33-714. Aprons to be attached to ferry flats. 

33-715. Provision of railing guards for ferry 
boats. 



Sec. 

33-716. Oars and other safeguards on ferry 
flats in Georgetown County. 

Article 2. 

Ferry Service Across Mackays Creek and 
Skull Creek in Beaufort County. 

33-721. State Highway Department may 

provide and operate. 
33-722. Payment of costs. 
33-723. Tolls. 
33-724. Rules and regulations; load and size 

limits. 
33-725. Liability of Department. 

Article 3. 

Provisions Regarding Certain Other 
Ferries. 

33-732. Free ferries at Holly's Ferry and 

Simpson's Ferry. 
33-733. Ferries across Black River and 

Catawba River. 
33-734. Department to operate ferry across 

intracoastal waterway. 



Article 1. 
General Provisions. 

§ 33-702. Counties may grant charters ; reports to Secretary of State. 

The governing body of every county may grant charters for ferries and 

establish ferries under the provisions of this chapter and shall report all such 

charters to the Secretary of State immediately after they are granted. 

1942 Code § 6046; 1932 Code § 6046; Civ. C. '22 § 3115; Civ. C. '12 § 2161; Civ. C. '02 
§ 1431; 1899 (23) 85. 

§ 33-703. Charters or renewals granted by county governing bodies. 

When the charter of any ferry has expired or is about to expire it may be 
renewed or rechartered and when a ferry is needed where no ferry has been 
heretofore chartered it may be chartered by application to the governing body 
of the county in which the ferry is needed and when the ferry is across a river 
at a point where such river is the boundary between two or more counties, 
then to the respective governing bodies of the counties concerned. The ap- 
plication shall be by petition after notice as required by law and after strictly 
observing and complying with all prerequisites required by law before the 
granting of such charters. 

1942 Code § 6043; 1932 Code § 6043; Civ. C. '22 § 3112; Civ. C. '12 § 2158; Civ. C. '02 
§ 1428; G. S. 1120; R. S. 1238; 1S99 (23) 85. 

63 



§ 33-704 Code of Laws of South Carolina § 33-706 

Ferries are public franchises. — Ferries Gowen v. Stark, 1 Nott & McC. (10 S. C. 

have no legal or necessary connection with L.) 387. 

land, but are public franchises granted to Rent reserved on the lease of a ferry is 

private persons for a limited time. Morse not extinguished by the sale of land on 

v. Garner, 1 Strob. (32 S. C. L.) 514. one side to the lessee. Gourdine v. Davis. 

Ferries cannot be established without 1 I'.ail. (17 S. C. I..) 469. 

permission of the sovereign power. Mc- For related case, see Chick v. Newberry 

County, 27 S. C. 419, 3 S. E. 787 (1S87). " 

§ 33-704. How, to whom and for how long charter granted. 

Such charter shall be granted to the applicant (petitioner), his heirs and 
assigns, for a term not to exceed twenty-one years and shall be subject to 
revocation at any time by the governing body which granted or renewed it, 
for such cause as to it may seem just and proper. 

1942 Code § 6044; 1932 Code § 6044; Civ. C. '22 § 3113; Civ. C. '12 § 2159; Civ. C. '02 
§ 1429; G. S. 1120; R. S. 123S; 1899 (23) 85. 

Effect of renewal of charter. — Guignard 
v. Kinsler, 4 S. C. 330 (1874). 

§ 33-705. Form of charter. 

The following shall be a sufficient form for such charter: The State of 

South Carolina, County of : On the petition of , 

and it appearing that the public good will be observed thereby, a (or the) 

ferry across river at , to be known as (or known as) 

ferry, is hereby chartered (or rechartered), and vested in 

, the petitioner, his heirs, executors, administrators or assigns. 

for the term of years, subject, however, to be revoked in the 

discretion of the governing body of said county at any time. Given under 
our hands and seals of office, this the day of , A. D. 19 

1942 Code § 6047; 1932 Code § 6047; Civ. C. '22 § 3116; Civ. C. '12 § 2162; Civ. C. '02 
§ 1432; 1899 (23) 85. 

§ 33-706. Transportation of passengers within mile of established ferry. 

If any person living within the space of one mile of any established ferry 
in any part of this State shall, for any fee, toll or reward whatsoever, trans- 
port any person, goods or cattle from one side only to the other of that river 
where any such established ferry shall be kept, the person taking any such 
fee, toll or reward shall forfeit and pay to the proprietor of the ferry next ad- 
jacent to the place where such fare was taken up treble the value of the fee, 
toll or reward given, paid or promised, to be recovered by warrant, under the 
hand and seal of one magistrate, or be imprisoned in the county jail for a 
period of not exceeding thirty days, any law, usage or custom to the contrary 
notwithstanding. But in case any passenger shall be detained more than 
half an hour at any such ferry, then any person living near such ferry may be 
at liberty to transport him, anything herein to the contrary notwithstanding. 

1942 Code § 1606; 1932 Code § 1606; Cr. C. '22 § 570; Cr. C. '12 § 614; Cr. C. '02 § 440; 
G. S. 1124; R. S. 351; 1741 (11) 123; 1875 (15) 898. 

64 



§33-707 Highways, Bridges and Ferries §33-711 

§ 33-707. Rates of toll. 

The following shall be the maximum rates of toll that shall be charged at 
each public ferry in this State chartered under the provisions of this article: 

(1) For every passenger, five cents, except in the case of public steam 
ferries on which a maximum rate of ten cents for a single trip or passage may 
be charged ; 

(2) For every head of sheep, goats, hogs and other small animals, five cents ; 

(3) For every horse, mule and head of cattle, ten cents ; 

(4) For every passenger with single horse, mule, ox or other riding animal, 
twenty cents ; 

(5) For every single horse buggy, cart or other vehicle, twenty-five cents; 

(6) For every two-horse wagon or other vehicle, fifty cents ; 

(7) For every three-horse wagon or other vehicle, sixty-five cents ; and 

(8) For every four-horse wagon or other vehicle, seventy-five cents. 

The governing body of any county may fix lower rates of toll for any one 
or more specific ferries in such county as the special local conditions and cir- 
cumstances may demand and in cases of ferries crossing rivers or streams 
forming boundary lines between any two counties, such lower rates may be 
fixed by the governing bodies of such two counties. 

1942 Code § 6045; 1932 Code § 6045: Civ. C. '22 § 3114; Civ. C. '12 § 2160; Civ. C. '02 
§ 1430; G. S. 1120; R. S. 123S; 1899 (23) 85; 1901 (23) 722. 

Cross reference. — As to exemption of 
school trustees from all ferry charges, see 
§ 21-242. 

§ 33-708. No tolls charged when ferry boat not used. 

It shall not be lawful to exact from the citizens of this State, nor shall any 

of them be compelled to pay, any toll for crossing any ferry within the limits 

of this State or for the crossing of their horses, cattle or other property at any 

such ferry when the boat or flat kept at such ferry is not used by them for such 

purpose. 

1942 Code § 6052; 1932 Code 5 6052; Civ. C. '22 § 3121; Civ. C. '12 § 2167; Civ. C. '02 
§ 1437; G. S. 1125; R. S. 1242; 1813 (9) 471. 

§ 33-709. Private ferries to pass exempt persons free. 

The keepers of all private ferries usually putting over passengers for hire 
shall pass over, free of charge or expense, all such persons as are by law ex- 
empted from the payment of ferriage at ferries established and allowed by 
act of the General Assembly. 

1942 Code § 6053: 1932 Code § 6053; Civ. C. '22 § 3122; Civ. C. '12 § 2168; Civ. C. '02 

§ 1438; G. S. 1126; R. S. 1243; 1807 (9) 430. 

§33-710. Blank. 

§ 33-711. Delaying passenger one hour at ferries. 

All managers and keepers of public ferries shall afford applicants immediate 
passage across the ferry at all hours, day and night, at the usual fees and 
charges. Every ferryman or ferry keeper of any public ferry who, by absence 
[4 SC Code]— 5 65 



§33-712 Code of Laws of South Carolina §33-715 

from the ferry or by negligence, causes the detention and delay at the ferry 
of any bona fide applicant for passage at such ferry for the space of one hour 
or more shall, upon conviction, be guilty of a misdemeanor and shall, upon 
conviction, be fined five dollars or imprisoned thirty days for each offense. 
But this section shall not apply to steam or free ferries. 

1942 Code § 1607; 1932 Code § 1607; Cr. C. '22 § 571; Cr. C. '12 § 616; 1904 (24) 444. 

§ 33-712. Keepers of ferries to keep banks in order. 

Every person keeping a ferry shall keep in good order the banks of the river 

or creek at such ferry. In case of neglect he shall be subject to a fine of three 

dollars for each and every day of such neglect, to be recovered before any 

magistrate having competent jurisdiction. 

1942 Code § 6049; 1932 Code § 6049; Civ. C. '22 § 3118; Civ. C. '12 § 2164; Civ. C. '02 
§ 1434; G. S. 1121; R. S. 1239; 1809 (9) 443. 

§ 33-713. Slips to be kept in repair by owners of ferries. 

All persons who may have charters for any ferry where it is necessary that 

slips should be used shall keep them in repair at their private expense. 

1942 Code § 6051; 1932 Code § 6051; Civ. C. '22 § 3120; Civ. C. '12 § 2166; Civ. Co. '02 
§ 1436; G. S. 1123; R. S. 1241; 1821 (9) 515. 

As to liabilities of ferrymen, as common As to liability of owner of private ferry, 

carriers, see Clark v. Edisto Island Ferry see Littlejohn v. lones, 2 McM. (27 S. C. 

Co., Riley (22 S. C. L.) 300; Rutherford L.) 365; McGowen v. Stark, 1 N. & McC. 

v. McGowen, 1 N. & McC. (10 S. C. L.) 17; (10 S. C. L.) 387; Frazier v. Drayton, 2 

Cook v. Gourdin, 2 N. & McC. (11 S. C. L.) N. & McC. (11 S. C. L.) 471; Puckett v. 

19; Miles v. James, 1 McC. (12 S. C. L.) Smith, 5 Strob. (36 S. C. L.) 26. 
157; Cohen v. Hume, 1 McC. (12 S. C. L.) 
439. 

§ 33-714. Aprons to be attached to ferry flats. 

Each ferry owner or keeper in this State shall provide and keep attached 
to each end of his ferry flat a good and sufficient apron or, not having such 
aprons, shall keep, at each and every landing place, a good and sufficient abut- 
ment or inclined plane for the same. For default or neglect in so doing he 
shall be fined in a sum not exceeding ten dollars for every three days' con- 
tinuance of such default, to be recovered in any court having jurisdiction. 
One half of any such fine shall go to the use of the State and the other half 
to the informer. 

1942 Code § 1684; 1932 Code § 1684; Cr. C. '22 § 630; Civ. C. '12 § 2165; Civ. C. '02 
§ 1435; G. S. 1122; R. S. 1240; 1824 (9) 544. 

§ 33-715. Provision of railing guards for ferry boats. 

Every person owning or operating any ferry boat or flat which is used on 
any of the navigable streams of this State or is landed upon soil thereof shall 
place and provide guards or a railing around the boat or flat so as to protect 
the lives and property of those using it. Any person violating the provisions 
of this section, on conviction thereof, shall he liable to a fine of not less than 
twenty-five dollars nor more than one hundred dollars or imprisoned not ex- 
ceeding thirty days. 

1942 Code § 1212; 1932 Code § 1212; Cr. C. '22 § 100; 1914 (28) 590. 

66 [4 SC Code] 



§ 33-716 Highways, Bridges and Ferries § 33-724 

§ 33-716. Oars and other safeguards on ferry flats in Georgetown County. 

Each ferry owner or keeper or operator in Georgetown County shall provide 
and carry on each ferry flat at least two oars sufficient to propel the flat in 
case the)' are needed and when receiving vehicles at the landing shall have 
and place across the end of the flat a sufficient chain or other safeguard. 

Any owner, keeper or operator who violates this section shall be guilty of 
a misdemeanor and on conviction shall be fined not less than ten dollars nor 
more than fifty dollars or imprisoned for not less than ten days nor more than 
thirty days for each offense. One-half of any such fine shall go to the informer. 

1942 Code § 1682; 1932 Code § 1682; 1924 (33) 951. 

Article 2. 
Ferry Service Across Mackays Greek and Skull Greek in Beaufort County. 

§ 33-721. State Highway Department may provide and operate. 

The State Highway Department may provide a ferry service across Mackays 
Creek and Skull Creek in Beaufort County connecting the terminus of State 
Road No. 39 at Buckingham Landing and the terminus of State Road No. 44 
on Jenkins Island and may construct or obtain by purchase, lease or other- 
wise, in the most expedient manner, all of the necessary lands, equipment, 
tools and facilities for the operation of such ferry service. 

1951 (47) 266. 

§ 33-722. Payment of costs. 

The cost of providing such ferry facilities and of operation of them shall 
be paid out of the State highway fund. 

1951 (47) 266. 

§33-723. Tolls. 

Such ferry service when put into operation shall be operated by the State 
Highway Department as a toll ferry. The Department may establish toll 
rates for the several classes of travel using the ferry and revise, modify or 
change the toll rates as, in the judgment of the Department, may be necessary 
to bear all of the cost, or a substantial part thereof, of providing the ferry 
service. The rates of toll so established shall not be greater than is necessary 
to produce a sufficient revenue for providing the ferry service, as estimated 
by the Department, and shall not exceed the following: 

Automobile $1.00, including driver; 

Each additional passenger, 25 cents ; 

One-ton truck empty $1.50; loaded $3.00; 

Two-ton truck empty $2.00 ; loaded $4.00 ; 

Three-ton truck emply $2.50; loaded $6.00; 

All tolls collected shall be credited to the State highway fund. 

1951 (47) 266. 

§ 33-724. Rules and regulations ; load and size limits. 

The State Highway Department may promulgate rules and regulations and 

67 



§33-725 Code of Laws of South Carolina §33-734 

fix maximum vehicle load and size limits for the use of the ferry service and all 
such rules and regulations shall have the full force and effect of law. 
1951 (47) 266. 

§ 33-725. Liability of Department. 

All persons using such ferry service shall do so at their own risk and the 
State Highway Department shall not be liable for the payment of any claims 
for injuries or damages to persons or property arising or resulting from use 
of the ferry service. But this section shall not apply to employees of the 
Department claiming compensation for injuries under the Workmen's Com- 
pensation Act. 

1951 (47) 266. 

Article 3. 
Provisions Regarding Certain Other Ferries. 

§ 33-732. Free ferries at Holly's Ferry and Simpson's Ferry. 

The county supervisor of Newberry County shall establish and maintain a 
free ferry across the Saluda River at Holly's Ferry. The county supervisor 
of Saluda County shall establish and maintain a free ferry across the Saluda 
River at Simpson's Ferry. 

1942 Code § 5811; 1932 Code § 5811; Civ. C. '22 § 2905; 1914 (28) 730. 

§ 33-733. Ferries across Black River and Catawba River. 

The State Highway Department shall operate, repair and maintain a ferry 
across the Black River at a point on said river at or near the old Brown's 
Ferry site and across the Catawba River on State highway No. 504 in Lan- 
caster and York Counties until such time as the Department shall have con- 
structed bridges across the rivers at said respective points. The provisions 
of article 6 of chapter 3 of this Title shall not apply to the operation, repair 
or maintenance of any such ferry. 

1951 (47) 457. 

§ 33-734. Department to operate ferry across intracoastal waterway. 

The State Highway Department shall take over, maintain and operate the 
ferry across the intracoastal waterway which traverses State Highway No. 
716 which extends from a point on U. S. highway No. 17, south of Georgctozvn, 
in a southeasterly direction, to Winyah Bay, such ferry and its approaches to 
form a part of State Highway No. 716 in Georgetown County. 

1951 (47) 457. 



68 



§ 33-760 Highways, Bridges and Ferries § 33-761 

CHAPTER 9. 

Provisions Affecting Privately Owned Toll Roads, 
Bridges and Ferries. 

Sec. Sec. 

33-760. Rights of way for turnpikes. 33-773. Persons exempt from toll. 

33-761. Reciprocity as to charter privi- 33-774. Exemption of foot passengers on 

leges between Georgia and South turnpikes. 

Carolina. 33-775. Rates of toll. 

33-762. Commissioners to be appointed to 33-776. Toll at bridges and ferries chartered 

superintend works. since December 1, 1845. 

33-763. Oath of commissioners. 33-777. Tolls to be conspicuously posted. 

33-764. Examination of work by commis- 33-778. Persons fording not to pay toll. 

sioners. 33-778.1. Railings on toll bridges. 

33-765. Order for suspension of tolls. 33-778.2. Toll bridges to be furnished with 

33-766. Effect of such order. lights. 

33-767. Repeal of order. 33-779. Fords to be kept open. 

33-768. Mandamus to make or repeal order. 33-780. Fords not to be obstructed. 

33-769. Indictment for failure to keep up 33-781. Penalty for delaying passengers. 

work. 33-782. One-half of penalties for informer. 

33-770. Tolls to be paid before passing gate. 33-783. Owners of destroyed bridges may 

33-771. When change not made. establish temporary ferries. 
33-772. Warrant may be issued to collect 

tolls. 

§ 33-760. Rights of way for turnpikes. 

The provisions of article 8 of chapter 10 of Title 58 shall apply to any 

corporation authorized by charter to construct a turnpike in this State in 

the same manner and to the same extent as to corporations authorized by 

charter to construct a railway or canal. 

1942 Code § 8437; 1932 Code § 8454; Civ. C. '22 § 4990; Civ. C. '12 § 3292; Civ. C. '02 
§ 2187; G. S. 1550; R. S. 1743. 

Cross references. — As to State Highway of land or property "owner" in condemna- 
Commission granting permit for toll bridges, tion statutes, see § 25-1. 
see §§ 33-605 and 33-606. As to definition 

§ 33-761. Reciprocity as to charter privileges between Georgia and South 
Carolina. 

Any charter or franchise granted by the State of Georgia for the purpose 

of building and establishing bridges or ferries over the Savannah River shall 

have full effect within the limits and jurisdiction of this State to the same 

extent, in all respects, as if such charter or franchise had been granted by 

this State if the State of Georgia shall, by law, provide that equal effect be 

given in the State of Georgia to such charters and franchises granted by 

this State. The legal validity and effect of a charter granted by either of 

said States for the purposes aforesaid shall be subject to this limitation and 

restriction : that no such charter from either State shall prevent the other 

State from granting a charter for a bridge or ferry over the Savannah River 

at any place, however near the place where a bridge or ferry is or may be 

established under a charter from the other State. 

1942 Code § 2040; 1932 Code § 2040; Civ. C. '22 § 3; Civ. C. '12 § 3; Civ. C. '02 § 2; 
G. S. 2; R. S. 2; 1851 (12) 119. 

69 



§ 33-762 Code of Laws of South Carolina § 33-765 

§ 33-762. Commissioners to be appointed to superintend works. 

The proprietor of each bridge, ferry or turnpike road and the governing 
body of the county to which the work is subject shall appoint, immediately 
after the completion of the work and before any toll or ferriage is received 
thereat, and at the expiration of every three years therafter, three persons 
who shall be commissioners of the work. When the proprietor and the gov- 
erning body of the county do not agree or whenever the General Assembly 
shall, by resolution or act, order a new commission, such commissioners shall 
be appointed by the court of common pleas of the county in which the whole 
or any part of the work may be situated. But before such appointment shall 
be made the Attorney General or the circuit solicitor shall have notice of the 
day on which application for such appointments will be made. And in case 
the proprietor shall not apply for the appointment of commissioners on or 
before the second day of the next term after such application to the court 
shall become necessary, the Attorney General or circuit solicitor shall make 
application to the court for such appointment, which may be made without 
notice to the proprietor. 

1942 Code § 6074; 1932 Code § 6074; Civ. C. '22 § 3129; Civ. C. '12 § 2175; Civ. C. '02 
§ 1444; G. S. 1141; R. S. 1250; 1827 (6) 311. 

§ 33-763. Oath of commissioners. 

Each commissioner of each and every bridge, ferry and turnpike road, be- 
fore entering on the duties of his office, shall take and subscribe an oath or 
affirmation to the following effect: I, A B, one of the commissioners of the 
bridge (ferry or turnpike road, as the case may be), do solemnly swear (or 
affirm) that I will, to the best of my judgment and ability, faithfully and im- 
partially discharge the duties required of me by law as commissioner afore- 
said. 

1942 Code § 6076; 1932 Code § 6076; Civ. C. '22 § 3131; Civ. C. '12 § 2177; Civ. C. '02 
§ 1446; G. S. 1143; R. S. 1252; 1827 (6) 311. 

§ 33-764. Examination of work by commissioners. 

The commissioners of each bridge, ferry and turnpike road, or a majority 
of them, shall examine the work for which they may be appointed. And when- 
ever any member of the commission may know of his own observation or be 
informed by the affidavit of any other person, taken before any magistrate 
or any member of the commission (who, for the purpose, are hereby author- 
ized to administer oaths), that the work or any part thereof is out of repair, 
or difficult or dangerous, as aforesaid, he shall summon the other members 
to attend on the work complained of. 

1942 Code § 6075; 1932 Code § C075; Civ. C. '22 § 3130; Civ. C. '12 § 2176; Civ. C. '02 
§ 1445; G. S. 1142; R. S. 1251; 1827 (6) 311. 

§ 33-765. Order for suspension of tolls. 

If the commissioners find the work, or any part thereof, out of repair, not 
in good order for traveling or passing or in any way difficult or dangerous to be 
traveled or passed, they, or a majority of them, shall make and publish in 
the nearest gazette and post up at all places where tolls or ferries are received 

70 



§ 33-766 Highways, Bridges and Ferries § 33-770 

an order that the proprietor shall not receive tolls for traveling over or passing- 
such bridge, ferry or turnpike road, as the case may be, after such order shall 
be so made and posted up, whether published in such gazette or not. 

1942 Code § 6075; 1932 Code § 6075; Civ. C. '22 § 3130; Civ. C. '12 § 2176; Civ. C. '02 
§ 1445; G. S. 1142; R. S. 1251; 1827 (6) 311. 

§ 33-766. Effect of such order. 

Until such order shall be repealed, each toll gate of the work shall be kept 

open and it shall not be lawful for the proprietor thereof to receive any toll 

or ferriage for traveling or passing over the work or any part thereof. But 

the proprietor or keeper of a ferry, during the continuance of such order 

respecting it, shall give the same attendance thereon and convey all persons, 

horses, cattle and carriages over it, as if no such order had been made. 

1942 Code § 6075; 1932 Code § 6075; Civ. C. '22 § 3130; Civ. C. '12 § 2176; Civ. C. '02 
§ 1445; G. S. 1142; R. S. 1251; 1827 (6) 311. 

§ 33-767. Repeal of order. 

The commissioners, on the written summons of the proprietor, shall meet 
and repeal such order whenever the cause for making it may have been re- 
moved. 

1942 Code § 6075; 1932 Code § 6075; Civ. C. '22 § 3130; Civ. C. '12 § 2176; Civ. C. '02 
§ 1445; G. S. 1142; R. S. 1251; 1827 (6) 311. 

§ 33-763. Mandamus to make or repeal order. 

Whenever the commissioners may refuse to make or repeal such order, when 

they ought so to do, they may be compelled thereto by mandamus. 

1942 Code § 6075; 1932 Code § 6075; Civ. C. '22 § 3130; Civ. C. '12 § 2176; Civ. C. '02 
§ 1445; G. S. 1142; R. S. 1251; 1827 (6) 311. 

§ 33-769. Indictment for failure to keep up work. 

The proprietor of each bridge or turnpike road constructed by the au- 
thority of the General Assembly shall be liable to indictment at common law 
for not keeping his work in such condition as to answer the ends of its creation. 

1942 Code § 1608; 1932 Code § 1608; Cr. C. '22 § 572; Cr. C. '12 § 618; Cr. C. '02 § 443; 
G. S. 1131, 1132; R. S. 354; 1827 (6) 315. 

Cross references. — As to common law in condition to meet traffic now to be expect- 

force in State, see S. C. Const., Art. 17, ed. State v. Charleston Bridge Co., 113 

§ 10. and note thereto. As to specific sec- S. C. 116, 101 S. E. 657 (1919). 
t'on providing for sentence where no pun- Sentence will not be interfered with 

ishment provided, see § 17-553 and note where conformable to common usage. — The 

thereto. Supreme Court will not interfere with a cir- 

The common law is applicable to a pros- cuit court sentence, imposed upon a con- 

ecution of a bridge company under this viction under this section, unless it is made 

cection, for failure to keep its bridge in to appear that the fine is such as to shock 

proper condition. State v. Charleston the conscience of the court, or virtually 

Bridge Co., 113 S. C. 116, 101 S. E. 657 amount to confiscation of the defendant's 

(1919). property. State v. Charleston Bridge Co., 

Section requires bridge to be kept in 113 S. C. 116, 101 S. E. 657 (1919). 

§ 33-770. Tolls to be paid before passing gate. 

The tolls demandable and payable at the toll gate of any bridge, ferry or 

71 



§33-771 Code of Laws of South Carolina §33-773 

turnpike road constructed by authority of the General Assembly shall be paid, 

if required, before passing the gate. 

1942 Code § 6077; 1932 Code § 6077; Civ. C. '22 § 3132; Civ. C. '12 § 2178; Civ. C. '02 
§ 1447; G. S. 1144; K. S. 1253;. 1827 (6) 309. 

§33-771. When change not made. 

The collector at a gate or ferry shall make change of all coins or bills of- 
fered him in payment of tolls under the value of five dollars, except five cent 
coins, which shall always be paid to the collector when a less sum is due to 
him for tolls unless the exact change shall be tendered him in the copper coin 
of the United States. 

1942 Code § 6077; 1932 Code § 6077; Civ. C. '22 § 3132; Civ. C. '12 § 2178; Civ. C. '02 
§ 1447; G. S. 1144; R. S. 1253; 1827 (6) 309. 

§ 33-772. Warrant may be issued to collect tolls. 

In case the toll is not paid before passing the gate of any turnpike road, 

bridge or ferry and shall be refused or neglected to be paid immediately after. 

the collector may issue his distress warrant for the toll and cause it to be 

levied on the carriage, horse, animal or other thing which has incurred the 

demand for toll or any article or thing conveyed in such carriage or on such 

horse, animal or thing and the thing so distrained shall be disposed of in the 

same manner as goods under execution. 

1942 Code § 6078; 1932 Code § 6078; Civ. C. '22 § 3133; Civ. C. '12 § 2179; Civ. C. '02 
§ 1448; G. S. 1145; R. S. 1254; 1827 (6) 309. 

§ 33-773. Persons exempt from toll. 

Exemption from the payment of toll at any bridge, ferry, and turnpike road 
chartered after the original enactment of this section in 1827 shall be granted 
to: 

( 1 ) Every regularly ordained or licensed minister of the Gospel ; 

(2) Every member of the General Assembly when going to or from its 
sittings; 

(3) All persons going to and returning from divine service on Sundays : 

(4) Every person traveling in the performance of any civil or military duty 
for which he receives no salary or reward ; and 

(5) Every person whose duty it may be made by law to examine the work. 
Each person so exempt may also take with him free of tolls not more than 

one servant, a carriage and two horses. 

In time of war or insurrection troops, with their baggage, artillery and muni- 
tions of war, exclusively in the service of this State, shall pass every bridge, 
ferry and turnpike road at one-half of the established toll or ferriage. 

The provisions of this section shall not apply to any county in this State 

containing a city of more than sixty thousand inhabitants. 

1942 Code § 6079; 1932 Code § 6079; Civ. C. '22 § 3134; Civ. C. '12 § 2180; Civ. C. '02 
5 1449; G. S. 1146; R. S. 1255; 1827 (6) 310; 1882 (18) 229; 1932 (37) 1458. 

Cross reference. — As to exemption of 
school trustees from all ferry and bridge 
charges, see § 21-242, 

72 






§ 33-774 Highways, Bridges and Ferries § 33-776 

§ 33-774. Exemption of foot passengers on turnpikes. 

No foot passenger shall be liable to pay toll for passing a turnpike gate. 

1942 Code § 6080; 1932 Code § 6080; Civ. C. '22 § 3135; Civ. C. '12 § 2181; Civ. C. '02 
§ 1450; G. S. 1147; R. S. 1256; 1827 (6) 308. 

§33-775. Rates of toll. 

The rate of tolls receivable at any bridge, private ferry or turnpike gate 
shall be as follows, unless otherwise expressed in the act granting or author- 
izing the charter: 

(1) For every carriage with four wheels for the conveyance of persons, 
except stage coaches running regularly on the road, 

(a) Drawn by four horses or mules $1.00 

(b) Drawn by three horses or mules 75 

(c) Drawn by two horses or mules SO 

(2) For every other carriage with four wheels, 

(a) Drawn by six horses, oxen or mules 75 

(b) Drawn by five horses, oxen or mules 62^ 

(c) Drawn by four horses, oxen or mules 50 

(d) Drawn by three horses, oxen or mules 37-j 

(3) For every carriage with two wheels for the conveyance of per- 
sons, drawn by two horses or mules 50 

(4) For every such carriage other than for the conveyance of persons, 

(a) Drawn by four horses or mules 50 

(b) Drawn by three horses or mules 37^ 

(5) For every other carriage 25 

(6) For every persons on horseback or leading or driving a horse 

or mule 12J 

(7) For every led horse or mule, accompanying a person on horse- 
back 064, 

(8) For every horse or mule in drove 04 

(9) For every head of cattle 03 

(10) For every hog, sheep or goat 02 

(11) For every animal for show, in addition to the carriage in which 

it may be conveyed 50 

(12) For every foot passenger crossing a bridge 064, 

1942 Code § 6080; 1932 Code § 60SO; Civ. C. '22 § 3135; Civ. C. '12 § 2181; Civ. C. '02 
§ 1450; G. S. 1147; R. S. 1256; 1827 (6) 308. 

§ 33-776. Toll at bridges and ferries chartered since December 1 1845. 

At all private ferries and at all bridges chartered since the first day of 

December 1845 the same toll shall be demanded, paid or allowed on any wagon, 

buggy, barouche or other carriage drawn by a single horse, mule or other 

animal as is allowed, paid or demandable for chairs, gigs or sulkies, any law, 

custom or usage to the contrary notwithstanding. 

1942 Code § 6082; 1932 Code § 6082; Civ. C. '22 § 3123; Civ. C. '12 § 2169; Civ. C. '02 
§ 1439; G. S. 1133; R. S. 1244; 1845 (11) 350. 

73 



§ 33-777 Code of Laws of South Carolina § 33-773.2 

§ 33-777. Tolls to be conspicuously posted. 

Managers and attendants of all public ferries and bridges having the privilege 
by law to charge toll for the passage of persons, animals, vehicles or other 
goods shall cause the rates chargeable for such passage to be posted in 
legihle letters or characters in some conspicuous place, slating the amount to 
be paid, so as to be read for information without inconvenience, at the ap- 
proach to such ferry or bridge. Any neglect of the duties proscrihed in this 
section or any exaction of a toll at a higher rate than may be allowed by 
law shall, upon conviction thereof, be punishable by a fine of not less than ten 
nor more than fifty dollars which shall be paid to the treasurer of the county 
in which such ferry or bridge may be situated for the use of such county. 

1942 Code §§ 1609, 6084; 1932 Code §§ 1609, 6084; Civ. C. '22 § 3125; Cr. C. '22 § 573; 
Civ. C. '12 § 2171; Cr. C. '12 § 619; Civ. C. '02 § 1441; Cr. C. '02 § 444; G. S. 1135, 1136; 
R. S. 355, 1246; 1783 (9) 274; 1799 (9) 396; 1807 (9) 429; 1814 (9) 478; 1822 (9) 520; 
1823 (9) 528; 1869 (14) 206, 209. 

Party accustomed to use a ferry is pre- Sufficiency of evidence to show violation, 

sumed to know the rates, though not post- — Frazier v. Drayton, 2 N. & McC. (11 S. C. 

ed. Addison v. Hard, 1 Bail (17 S. C. L.) L.) 471. 

431. 

§ 33-778. Persons fording not to pay toll. 

If the water at any bridge or ferry should be so low as to enable persons 

with their horses or cattle to ford the same, the proprietors of the ferry or 

bridge shall not be allowed to take any toll from any person so fording the 

same. 

1942 Code § 60S5; 1932 Code § 6085; Civ. C. '22 § 3126; Civ. C. '12 § 2172; Civ. C. '02 
§ 1442; G. S. 1137; R. S. 1247; 1792 (11) 357; 1879 (17) 144. 

§ 33-773.1. Railings on toll bridges. 

The owner of every toll bridge chartered by the General Assembly shall 

cause to be erected a good and sufficient railing, extending twenty feet from 

the ends of such toll bridge, on each side of the road passing over such toll 

bridge. 

1942 Code §6060; 1932 Code §6050; Civ. C. '22 §3100; Civ. C. '12 §2146; Civ. C. '02 
§ 1416; G. S. 1110; R. S. 1226; 1823 (9) 528. 

§ 33-778.2. Toll bridges to be furnished with lights. 

Every toll bridge within this State shall be furnished at night by the 
owner of the franchise or the keeper of the bridge, respectively, with sufficient 
light or lights to enable persons traveling over it to see their way and to avoid 
danger. 

If any person traveling over any such bridge at night shall in any way be 
injured, in person or property, for want of sufficient light, as herein provided 
for, the owner of such bridge shall be liable to such person so injured, as 
aforesaid, either in person or property, for all damages such person may sus- 
tain, to be recovered in any court of the State having competent jurisdiction. 

Any person violating the provisions of this section shall also be guilty of 

a misdemeanor. 

1942 Code § 6051; 1932 Code § 6061; Civ. C. '22 § 3101; Civ. C. '12 § 2147; Civ. C. '02 
§ 1417; G. S. 1111; R. S. 1227; 1281 (17) 579. 

74 



§ 33-779 Highways, Bridges and Ferries § 33-783 

§ 33-779. Fords to be kept open. 

No old accustomed ford or the roads leading to or from such fords, within 

this State, shall be obstructed. The superintendents of highways, in their 

respective highway districts, are required to keep the roads leading to or 

from such old accustomed fords open and in good repair. But nothing herein 

contained shall be construed to infringe the charter granted to any company 

to promote the inland navigation of this State. 

1942 Code § 608S; 1932 Code § 60SS; Civ. C. '22 § 3126; Civ. C. '12 § 2172; Civ. C. '02 
§ 1442; G. S. 1137; R. S. 1247; 1792 (11) 357; 1S79 (17) 144. 

§ 33-780. Fords not to be obstructed. 

No keeper of any ferry or toll bridge or other person shall, upon any pre- 
tense whatsoever, stop up or obstruct any fording or crossing place on any 
river or creek within this State with a view to compel any person to cross 
over any ferr}' or toll bridge, under the penalty of two dollars and fifty cents 
to be recovered before the nearest magistrate or, in default of the payment 
thereof, under penalty of imprisonment for not more than ten days nor less 
than one day for every person so prevented from passing over such fording or 
crossing place. 

1942 Code § 1610; 1932 Code § 1610; Cr. C. '22 § 574; Cr. C. '12 § 620; Cr. C. '02 § 445; 
G. S. 1138; R. S. 356; 1791 (9) 336. 

§ 33-781. Penalty for delaying passengers. 

If any person shall meet with unnecessary delay at any of the public ferries, 

toll bridges or causeways established by law, every such person may recover 

from the persons keeping such ferry, bridge or causeway for every hour of such 

unnecessary delay the sum of ten dollars, to be recovered on application from 

the party aggrieved by action before any neighboring magistrate. 

1942 Code § 6081; 1932 Code § 60S1; Civ. C. '22 § 3136; Civ. C. '12 § 2182; Civ. C. '02 
§ 1451; G. S. 1148; R. S. 1257; 1788 (9) 312. 

§ 33-782. One-half of penalties for informer. 

All the penalties which may be recovered for offenses against owners of 

bridges or turnpikes shall be paid one-half to the informer and the other half 

to the person owning the work respecting which the offense shall have been 

committed. 

1942 Code § 1608; 1932 Code § 1608; Cr. C. '22 § 572; Cr. C. '12 § 618; Cr. C. '02 § 443; 
G. S. 1131, 1132; R. S. 354; 1827 (6) 315. 

§ 33-783. Owners of destroyed bridges may establish temporary ferries. 

Where any bridge erected over any river in this State has been destroyed or 
injured by freshets or otherwise, so as to be impassable, the person owning 
such bridge may establish a ferry at some convenient place within one mile 
of the site of the bridge and keep it and receive the emoluments thereof, not 
exceeding in amount of ferriage the established tolls receivable at the bridge, 
during the time the bridge shall be rebuilding and repairing, provided the re- 
building or repairing of the bridge shall be begun within six months and shall 
be finished within two years from the time the bridge shall be destroyed or 

75 



§ 33-783 



Code of Laws of South Carolina 



§ 33-783 



so injured. During such time all other persons shall he excluded from estab- 
lishing any ferry within three miles of the site of the bridge, except any ferry 
before that time established by law and at the time of the destruction or 
injury of the bridge regularly kept and used. But the person who owned such 
bridge shall pay all the damages which may be sustained by any person con- 
sequent upon the establishment of such ferry, to be assessed in the same man- 
ner as is established for the settlement of the damages done to individuals 
by turnpike roads passing through their lands. 

1942 Code § 6083; 1932 Code § 6083; Civ. C. '22 § 3124; Civ. C. '12 § 2170; Civ C '02 
§ 1440; G. S. 1134; R. S. 1245; 1S31 (9) 594. 

Cited in State v. Charleston Bridge Co., 
113 S. C. 116, 101 S. E. 657 (1919). 



CHAPTER 10. 
County Roads, Bridges and Ferries Generally.* 



Article 1. 
General Provisions. 
Sec. 
33-801. County supervision of public roads, 

highways and ferries. 
33-802. Rural mail routes are public roads 

in certain counties; maintenance 

in Colleton County. 
33-803. Such routes to be repaired in Ches- 
terfield and Dillon Counties. 
33-804. Such roads may be maintained in 

Bamberg County. 
33-805. Such roads shall be maintained in 

Calhoun County. 
33-806. Such roads to be worked annually in 

Cherokee County. 
33-S07. When rural mail routes may become 

public roads in Clarendon County. 
33-808. Same; in Greenwood County. 
33-809. Same; in Newberry County. 
33-810. Same; Pickens County. 
33-811. Opening new or change of old 

roads. 
33-812. Interference with surveyor laying 

out public roads. 
33-813. Footpaths and bridges over streams. 
33-814. Local direction posts. 
33-815. Repairs to county highways and 

bridges. 
33-816. Neglect of work on roads by county 

governing bodies. 
33-817. Same; governing body and super- 
visor of Newberry County. 
33-818. Highway districts. 
33-819. Closing certain railroad-highway 

crossings. 



Sec. 

33-820. Apportionment of funds through 
year; contracts in excess thereof. 

33-821. Disposition of fines, etc. 

33-822. Unauthorized diversion of highways. 

33-823. Accounts to be presented; approval 
and payment. 

33-824. Same; Georgetown County ex- 
empted. 

Article 2. 
Condemnation of Land or Material. 

33-831. General authorization to condemn 
land for road material or house 
for bridge watchman. 

33-S32. Same; special provisions for Lexing- 
ton and Richland Counties. 

33-833. Notice of intention to condemn. 

33-834. Service when owner incompetent; 
guardians ad litem. 

33-835. Disqualification of members of 
governing body. 

33-836. Hearing and decision. 

33-S37. Payment for right of way. 

33-S38. Appeal. 

33-839. Effect of appeal. 

33-840. Measure of damages. 

Article 3. 

Width of Road. 

33-851. General rule. 

33-852. Width of roads in Hampton County. 
33-853. Width of roads in Bamberg, Beau- 
fort and Union Counties. 



* As to county planning generally, see §§ 14-351 to 14-399.6. 

76 



§ 33-301 



Highways, Bridges and Ferries 



§ 33-802 



Sec. 
33-854. Width of roads in Berkeley and 
Kershaw Counties. 

Article 4. 
Methods of Working Roads. 

33-901. County may hire laborers to work 
roads. 

33-902. Blank. 

33-903. Use of chain gang on roads. 

33-904. County authorities may combine 
chain gangs or hire convicts. 

33-905. Advertisement for bids under con- 
tract system. 

33-906. Bids and acceptance thereof. 

33-907. Bond of contractor. 

33-908. Overseer and laborers; use of con- 
victs. 

33-909. Blank. 

33-910. Special provisions for Beaufort and 
Berkeley. 



Sec. 
33-911. Special provision for Georgetown. 
33-912. Special provision for Hampton. 
33-913. Special provision for Horry. 

Article 5. 
Suits for Injuries on Highway. 

33-921. Damages from defective highways, 
etc. 

33-922. Death caused by defective highway, 
etc. 

33-923. Claim prerequisite to suit; time lim- 
it on suit. 

33-924. Tender before action; effect of re- 
fusal. 

33-925. Burden of proof if county notified 
of defect. 

33-926. Maximum recovery for bodily or 
property injury or death. 



Article 1. 
General Provisions. 



§ 33-801. County supervision of public roads, highways and ferries. 

All roads, highways and ferries that have been laid out or appointed by 
virtue of an act of the General Assembly, an order of court or an order of the 
governing body of any county are declared to be public roads and ferries and 
the county supervisor and the governing body of the count}' shall have the 
control and supervision thereof. The county supervisor and governing 
body of the county may order the laying out and repairing of public roads 
where necessary, designate wdiere bridges, ferries or fords shall be made, 
discontinue such roads, bridges and ferries as shall be found useless and alter 
roads so as to make them more useful. 

1942 Code § 5812; 1932 Code § 5S12; Civ. C. '22 § 2906; Civ. C. '12 § 1932; 1902 (23) 998. 



State road is a public road. Heape v. 
Berkeley Countv, 80 S. C. 32, 61 S. E. 
203 (1908); Wiison v. Greenville County, 
110 S. C. 321, 96 S. E. 301 (1918); Whit- 
lock v. Tonesville. Ill S. C. 391, 98 S. E. 
142 (1919). 

The jurisdiction of highway officers ex- 
tends to highways acquired by prescription. 
Township Com'rs v. Charleston Min., etc., 
Co., 76 S. C. 3S2, 57 S. E. 201 (1907). 

County commissioners, in discontinuing 
or changing the location of roads, act as a 



quasi court. State v. Hughes, 147 S. C. 
452. 145 S. E. 297 (1928). 

For additional related cases, see Seabrook 
v. Carolina Power, etc., Co., 159 S. C. 1, 
156 S. E. 1 (1930); State v. Hughes, 147 
S. C. 452, 145 S. E. 297 (1928); Powell v. 
Spartanburg County, 136 S. C. 371, 134 
S. E. 367 (1926); Bascom v. Oconee Coun- 
ty, 48 S. C. 55, 25 S. E. 984 (1896). 

Cited in Thomas v. Atlantic Coast Line 
Ry. Co., 168 S. C. 185, 167 S. E. 239 (1933). 



§ 33-802. Rural mail routes are public roads in certain counties ; maintenance 
in Colleton County. 
All roads in Colleton, Darlington, Saluda and Williamsburg Counties used as 
routes in the rural free delivery of mail are hereby declared public roads and 

77 



§ 33-303 Code of Laws of South Carolina § 33-807 

shall be repaired and maintained by the authorities charged with this duty as 

other public roads are maintained in said counties. The supervisor of Colleton 

County shall repair such roads in Colleton County and keep them passable at 

all times during the year, giving such roads preference, if necessary, by using 

the maintenance gangs of Colleton County for such purpose. 

1942 Code §§ 4203, 4240; 4752, 4S93; 1932 Code §§ 4203, 4240, 4752, 4893; 1927 (35) 45, 
49, 233; 1929 (36) 36. 

§ 33-803. Such routes to be repaired in Chesterfield and Dillon Counties. 

All roads in Chesterfield and Dillon Counties used as routes in the rural free 
delivery of mail shall be repaired when necessary by the authorities charged 
with this duty as herein required. Should any rural carrier report to the road 
supervisor any part of the rural route that is in bad state of repair or likely to 
become impassable, the road supervisor shall immediately make the necessary 
repairs on such road, such repairs to be made out of funds designated as road 
and bridge or cross-county road funds. 

1942 Code § 5866; 1932 Code § 5866; 1928 (35) 1184. 

§ 33-804. Such roads may be maintained in Bamberg County. 

The governing body of Bamberg County may work and maintain in passable 
condition all roads in the county designated and used as rural free delivery 
routes. 

1942 Code § 3979; 1932 Code § 3979; 1930 (36) 1275. 

§ 33-805. Such roads shall be maintained in Calhoun County. 

All public roads and bridges in Calhoun County which are not a part of the 
State highway system and which were being used by rural mail carriers in 
rural free delivery of United States mail on February 26 1942 are hereby 
placed in the Calhoun County road system. The supervisor of said county 
shall work and maintain such roads and bridges in like manner as other roads 
and bridges in the county road system are maintained. 

1942 (42) 1518. 

§ 33-806. Such roads to be worked annually in Cherokee County. 

The supervisor and the governing body of Cherokee County shall go over 
and work once each year all roads of the county that are used as rural free 
delivery routes, except such roads as have been permanently improved. They 
shall place such roads in a reasonably good traveling condition for the use of 
automobiles and other vehicles and keep them in such a condition. Such work 
may be done by the chain gang or any portion thereof, or by contract, as the 
county authorities may deem best. The work herein referred to shall include 
the bridges and approaches on such roads. 

1942 Code § 4104; 1932 Code § 4104; 1925 (34) 121. 

§ 33-807. When rural mail routes may become public roads in Clarendon 
County. 
Whenever the adjoining landowner or owners dedicate to Clarendon Count}' 
rights of way for public roadways, not less than twenty feet wide, on any 

7Q 



§33-808 Highways, Bridges and Ferries §33-311 

route now used for the rural free delivery of mail, such roads shall be accepted 
by the governing body of the county as public roads and shall be repaired and 
maintained by the county authorities charged with this duty as other public 
roads are maintained in the county. The governing body of the county may 
require a relocation of any such routes or roads, before taking them over as 
public roads and any and all such routes and roads shall be subject to con- 
demnation proceedings as provided by law, if such action be desired by the 
governing body of the county. 

1942 Code § 4184; 1932 Code § 4184; 1927 (35) 207. 

§33-808. Same; in Greenwood County. 

All rural mail routes or parts thereof in Greenwood County are hereby de- 
clared to be public highways and the proper authorities of the county shall 
maintain and keep such highways in a proper state of repair if the owners 
of land along such rural routes or parts thereof will give the necessary land 
and suitable location for such public highways. 

1942 Code § 4465; 1932 Code § 4465; Civ. C. '22 § 1618; 1913 (28) 180. 

§ 33-809. Same ; in Newberry County. 

The supervisor and governing body of Newberry County may make such 
suitable and reasonable agreement with the owners of land over which any 
rural free deliver}- mail route may be established and maintain and improve 
such road as a rural free delivery mail route whether such road be formally 
or permanently opened as a public highway or not, so long as it is used for 
rural free delivery. 

1942 Code § 4659; 1932 Code § 4659; Civ. C. '22 § 1805; Civ. C. '12 § 2085; 1909 (26) 133. 

§ 33-810. Same ; in Pickens County. 

The governing body of Pickens County shall maintain at the public expense 
all roads and highways forming the whole or any part of the regular route of 
any rural delivery mail carrier. 

1942 Code § 4725; 1932 Code § 4725; Civ. C. '22 § 3003; 1912 (27) 681. 

§ 33-81 1. Opening new or change of old roads. 

The governing body of any county may also open new public roads and 
widen or change the location of old public roads when, in its judgment, such 
change would be for the material interest of the traveling public. It may 
obtain the right of way for public roads or the drainage of public roads by 
gift or purchase or it may condemn the lands therefor and assess the com- 
pensation and damages therefor as is herein provided. It may call to its 
assistance a surveyor who shall survey and lay off such roads, under its di- 
rection, so that the grade shall not exceed seven and a half inches to the crown. 

1942 Code § 5813; 1932 Code § 5813; Civ. C. '22 § 2907; Civ. C. '12 § 1933; Civ. C. '02 
§ 1367; 1896 (22) 228; 1900 (23) 286; 1902 (23) 998; 1909 (26) 59; 1910 (26) 658. 

This section is constitutional. — Provisions 396, 68 S. E. 577 (1910); Gilmer v. Hunni- 

of this section as to opening new road and cutt, 57 S. C. 166, 35 S. E. 521 (1900); 

condemning land therefor are constitution- Jennings v. Sawyer, 182 S. C. 427, 1S9 S. 

al. Hutchison v. York County, 86 S. C. E. 746 (1937). 

79 



§33-312 



Com: of Laws of South Carolina 



§33-813 



And is not abrogated by State Highway 
Act. — The State Highway Act does not 
impliedly abrogate the right of a county to 
condemn land for highways under this sec- 
tion. Locke v. Dill, 131 S. C. 1, 126 S. E. 
747 (1925). 

Discretion as to relocation of roads. — The 
Highway Department has discretion to 
make such relocation of roads as will con- 
form to the best engineering knowledge in 
road construction. Hargrove v. Sawyer. 
149 S. C. 79, 146 S. E. 685 (1929). 

The Highway Department did not abuse 
its discretion in relocating a short section 
of road in close proximity to an old road, 
in order to eliminate railroad crossings. 
Hargrove v. Sawyer, 149 S. C. 79, 146 S. E. 
685 (1929). 

Abandoning parts of an old road, and 
building a new road near by, is not an 
abuse of discretion, where the change elim- 
inated dangerous curves and grade cross- 
ings. Sloan v. State Highway Dept., 150 
S. C. 337, 148 S. E. 183 (1929)! 

Restraining condemnation for highways. 
— In order to restrain county officers from 
condemning lands for highways, the owner 
must show that they are about to abuse 
their discretion or act in bad faith oppres- 
sively in changing location of road. Hutch- 
ison v. York County, 86 S. C. 396, 68 S. E. 
577 (1910). 

The statutory mode of obtaining a right 
of way must be followed. York County v. 
Fewell, 21 S. C. 106 (1884). 

But the presumption is that it has been 
followed where the road has been opened. 
Board of Com'rs v. Murray, 1 Rich. (30 
S. C. L.) 335. 

Authority to condemn lands already ded- 
icated to a public use, lands devoted to 



cemetery purposes being an example, must 
be given expressly or by necessary and rea- 
sonable implication. County Board of 
Com'rs v. Hollidav, 182 S. C. 510, 189 S. E. 
885 (1937). 

This statute does not give the authority 
to condemn land devoted to cemetery pur- 
poses. County Board of Com'rs v. Holli- 
dav, 182 S. C. 510, 189 S. E. 885 (1937). 

Evidence showing road to be public 
highway. — The minutes of the county com- 
missioners showing that a public road was 
granted, with evidence that it had been laid 
out for eight years and had been worked 
by the public, is sufficient to show it pub- 
lic highway. Mere irregularities in pro- 
ceedings before the commissioners would 
not affect it. State v. Havird, 88 S. C. 227, 
70 S. E. 721 (1911). 

For additional related cases, see In re 
Rugheimer, 36 F. 369 (1888); Franklin y. 
Raborn, 60 S. C. 78, 38 S. E. 260 (1901): 
Heape v. Berkeley County, 80 S. C. 32, 
61 S. E. 203 (1908); State v. Hughes, 147 
S. C. 452, 145 S. E. 297 (1928); Farr v. 
Steele, 128 S. C. 293, 121 S. E. 792 (1924): 
Mauldin v. Greenville, 64 S. C. 444. 42 S. E. 
202 (1902); Conway v. Atlantic Coast Line 
R. Co., 20 F. (2d) 250 (1926). 

Applied in Bovkin v. State Highway 
Dept., 146 S. C. 483, 144 S. E. 227 (1928); 
Board of County Com'rs v. Freeman, 107 
S. C. 337, 92 S. E. 1041 (1917); Howell 
v. State Highway Department, 167 S. C. 
217, 166 S. E. 129 (1932). 

Stated in Wilson v. Greenville County, 
110 S. C. 321, 96 S. E. 301 (1918); Webber 
v. Tonesville, 94 S. C. 189, 77 S. E. 857 
(1913). 

Cited in Thomas v. Atlantic Coast Line 
Ry. Co., 168 S. C. 185, 167 S. E. 239 (1933). 



§ 33-812. Interference with surveyor laying out public roads. 

It shall be a misdemeanor to interfere with the surveyor employed by the 

governing body of a county board to assist it in laying out or changing the 

location of public roads under § 33-811, or his assistants, or with the marks set 

up by him, or by his orders, punishable by a fine of not more than ten dollars 

or imprisonment for not more than twenty days for each offense. 

1942 Code § 5813-1; 1932 Code § 1680; Cr. C. '22 § 627; Cr. C. '12 § 644; Cr. C. '02 § 461; 
1900 (23) 286. 

§ 33-813. Footpaths and bridges over streams. 

The supervisor or governing body of any county may have the overseer con- 
struct footpaths or bridges over streams, swamps and marshes and along the 
highways of such county. 

1942 Code § 5823; 1932 Code § 5823; Civ. C. '22 § 2916; Civ. C. '12 § 1941; 1902 (23) 1005. 



SO 



§33-814 Highways, Bridges and Ferries §33-820 

§ 33-814. Local direction posts. 

Each overseer, within his district, may erect and keep tip at the expense 
of the county, at the forks and cross roads, a post and guide board or finger 
board containing an inscription, in legible letters, directing the way and dis- 
tance to the towns or public places situated on each road, respectively. 

1942 Code § 5824; 1932 Code § 5824; Civ. C. '22 § 2917; Civ. C. '12 § 1942; 1902 (23) 1005. 

§ 33-815. Repairs to county highways and bridges. 

The governing body of each county shall take charge of and superintend the 

repair of the highways in the county. The bridges sball be repaired under 

its supervision and the expense thereof shall be paid out of the money in the 

county treasury raised and appropriated for this purpose. 

1942 Code § 5808; 1932 Code § 5808; Civ. C. '22 § 2902; Civ. C. '12 § 1929; 1902 (23) 
998; 1910 (26) 721; 1913 (28) 5. 

§ 33-816. Neglect of work on roads by county governing bodies. 

If the governing body of any county neglect to have repaired any of the 
highways and bridges which by law are required to be kept in repair, they shall 
be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a 
sum of not less than one hundred or more than five hundred dollars, in the dis- 
cretion of the court. 

1942 Code § 1673; 1932 Code § 1673; Cr. C. '22 § 620; Civ. C. '12 § 598; Cr. C. '02 § 436; 
G. S. 1088; R. S. 348; 1874 (15) 784; 1910 (26) 722. 

§ 33-817. Same; governing body and supervisor of Newberry County. 

It shall be the duty of the supervisor and the members of the governing 
body of Ncivberry County to enforce the provisions of all sections of the Code 
which are of force in Newberry County for the improvement of roads, bridges 
and ferries and for any neglect or refusal they shall be guilty of a misde- 
meanor and shall be punished by a fine of not less than five dollars nor more 
than twenty dollars for each neglect or refusal to perform such duty. 

1942 Code § 1676; 1932 Code § 1676; Cr. C. '22 § 623; Cr. C. '12 § 655; 1909 (26) 134. 

§ 33-818. Highway districts. 

Each township in the several counties of the State and in an)' county where 
no township exists each tax district shall constitute a highway district. 

1942 Code § 5809; 1932 Code § 5809; Civ. C. '22 § 2903; Civ. C. '12 § 1930; 1902 (23) 998. 

§ 33-819. Closing certain railroad-highway crossings. 

The various county authorities may, in their discretion, abandon and close 
to highway traffic railroad-highway crossings on highways not in the State 
highway system superseded by the construction of grade separation structures, 
the reconstruction of existing structures or the relocation of highways to 
eliminate such grade crossings. 

1942 Code § 5866-2; 1939 (41) 334. 

§33-820. Apportionment of funds through year; contracts in excess thereof. 
The governing body of a county shall not enter into any contract for the 

[4SCCode] — 6 81 



§ 33-821 Code of Laws of South Carolina § 33-824 

expenditure of more than four-fifths of its apportionment before the first 

of the last quarter of the fiscal year and any contract entered into in excess of 

such apportionment shall be void. Any person who shall violate the provisions 

of this section shall be guilty of a misdemeanor and, upon conviction, shall be 

punished by a fine of not less than five dollars nor more than thirty dollars 

or by imprisonment for not less than ten days nor more than thirty days for 

each and every offense, either or both at the discretion of the court. 

1942 Code §§ 5S47, 5847-1; 1932 Code §§ 1589, 5847; Civ. C. '22 § 2939; Cr. C. '22 § 546; 
Civ. C. '12 § 1963; Cr. C. '12 § 632; Cr. C. '02 § 456; 1897 (22) 421; 1898 (22) 739; 1902 
(23) 1015. 

§ 33-821. Disposition of fines, etc. 

All fines and forfeitures used for and recovered under the provisions of this 
chapter shall be paid by the magistrate or constable collecting them to the 
county treasurer wherein such fines or forfeitures accrued. 

1942 Code § 5821; 1932 Code § 5821; Civ. C. '22 § 2914; Civ. C. '12 § 1939; 1902 (23) 1004. 

§ 33-822. Unauthorized diversion of highways. 

The count)- supervisor of the county in which any part of a highway has 

been diverted from its original course without authority of law, on information 

of any two persons, shall commence a suit against any such person so offending 

in order to compel him, as soon as may be, to restore, at his own expense, the 

highway in its course, as established by law. 

1942 Code § 5854; 1932 Code § 5854; Civ. C. '22 § 2946; Civ. C. '12 § 1970; Civ. C. '02 
§ 1342; G. S. 1070; R. S. 1166; 1797 (9) 379; 1893 (21) 481. 

Applied in Hill v. Laurens County, 34 S. 
C. 141, 13 S. E. 318 (1891). 

§ 33-823. Accounts to be presented ; approval and payment. 

All accounts claims and demands of whatever nature existing against any 
county for opening, constructing, maintaining and operating any public high- 
way, road, bridge or ferry shall be presented to the governing body of the 
county duly attested and, if approved by said bod}', the county supervisor shall 
draw his warrant upon the county treasurer, under the seal of the governing 
body of the county for the amount of any such claim. Such warrant shall 
be countersigned by the secretary of the governing body and shall be paid by 
the county treasurer out of the county road fund. 

1942 Code § 3825; 1932 Code § 3S25; Civ. C. '22 § 1065; Civ. C. '12 § 945; Civ. C. '02 
§ 767; 1893 (21) 4S5; 1931 (37) 306. 

Applied in Dawkins v. Chester County, Cited in Ross v. Pickens County, 146 S. 

122 S. C. 8, 115 S. E. 62 (1922). C. 24, 143 S. E. 366 (1928). 

§ 33-824. Same ; Georgetown County exempted. 

Gcorgetozvn County is hereby exempted from the provisions of § 33-823. 

1942 Code § 3825: 1932 Code § 3825; Civ. C. '22 § 1065; Civ. C. '12 § 945; Civ. C. '02 
§ 767; 1893 (21) 485; 1931 (37) 306. 



82 [4SCCode] 



§ 33-831 Highways, Bridges and Ferries § 33-834 

Article 2. 

Condemnation of Land or Material. 

§ 33-831. General authorization to condemn land for road material or house for 
bridge watchman. 

The governing bodies of the several counties may condemn lands for the 
purpose of securing gravel, sand, clay, stone or other material for building 
and maintaining the public roads and highways within their respective coun- 
ties, when and wheresoever necessary, in the manner provided by law for the 
condemnation of rights of way for roads. And they may condemn sufficient 
lands adjacent to or near any bridge built across any river of this State for the 
purpose of erecting a house there for the keeper or watchman of such bridge, 
such condemnation also to be as provided by law for the condemnation of 
the rights of way for roads. 

1942 Code § 5S49; 1932 Code § 5849; Civ. C. '22 § 2941; 1914 (28) 741; 1926 (34) 1024. 

§ 33-832. Same; special provisions for Lexington and Richland Counties. 

The supervisors and governing bodies of Lexington and Richland Counties, 
respectively, may condemn any property for road purposes within the bound- 
aries of their respective counties and any right of way that might be neces- 
sary for the construction of any road. 

1942 Code § 4594; 1932 Code § 4594; 1930 (36) 1331. 

§ 33-833. Notice of intention to condemn. 

The governing body of the county requiring a right-of-way and exercising 
the right of condemnation under the provisions of §33-811 or § 33-S31 shall 
give ten days' notice, in writing, to the owner of the land over which such 
right of way is required of its intention to condemn and establish such 
right of way and of the time and place when and where the compensation and 
damages therefor will be assessed. If the owner of such land be a nonresident 
of the county the notice may be served upon his agent or tenant or any other 
person in possession of such land but in such case at least fifteen days' notice 
must be given. If there be no agent, tenant or other person in possession the 
notice may be served by depositing it in the post office, postage prepaid, direct- 
ed to the owner at his last known place of residence and by publishing such 
notice for at least two weeks in one of the newspapers published in the county 
wherein the land is situated. 

1942 Code § 5813; 1932 Code § 5813; Civ. C. "22 § 2907; Civ. C. '12 § 1933; Civ. C. '02 
§ 1367; 1896 (22) 228; 1900 (23) 286; 1902 (23) 998; 1909 (26) 59; 1910 (26) 658. 

§ 33-834. Service when owner incompetent; guardians ad litem. 

For the purpose of § 33-833 the guardians of infants, the committees of 
idiots or other persons non compos mentis and trustees shall be deemed to 
be owners of the lands of their wards and cestuis que trustent. In case an in- 
fant owner has no guardian or an idiot or other person non compos mentis has 
no committee service may be made upon the person with whom he resides 
and upon the probate judge of the county, who shall appoint a guardian 

83 



§33-835 Code of Laws of South Carolina § 33-83S 

ad litem to appear and represent him. In case the interests of any guardian 

or committee shall be opposed to those of his ward a guardian ad litem shall 

be appointed by the probate judge, who shall have authority to appear and 

represent such ward. 

1942 Code § 5813; 1932 Code § 5813; Civ. C. '22 § 2907; Civ. C. '12 § 1933; Civ. C. '02 
§ 13(37; 1896 (22) 228; 1900 (23) 286; 1902 (23) 998; 1909 (26) 59; 1910 (26) 658. 

§ 33-835. Disqualification of members of governing body. 

No member of the governing body of the county who is personally interested 

or who is related by blood or marriage within the sixth degree to any person 

claiming compensation and damages shall serve while the case of such person 

is under consideration. The places of disqualified members of the governing 

body shall be filled pro tempore by appointment to be made by the clerk of the 

court. 

1942 Code § 5813; 1932 Code § 5813; Civ. C. '22 § 2907; Civ. C. '12 § 1933: Civ. C. '02 
§ 1367; 1896 (22) 228; 1900 (23) 286; 1902 (23) 998; 1909 (26) 59; 1910 (26) 658. 

§33-836. Hearing and decision. 

All persons interested shall have the right to introduce testimony and to be 
heard in argument upon the matter of compensation in damages. After hear- 
ing the evidence and arguments, the governing body shall render its decision 
by resolution, which shall be recorded in its minutes. 

1942 Code § 5813; 1932 Code § 5813; Civ. C. '22 § 2907; Civ. C. '12 § 1933; Civ. C. '02 
§ 1367; 1896 (22) 228; 1900 (23) 286; 1902 (23) 998; 1909 (26) 59; 1910 (26) 658. 

Under the provisions of this article, the a court with judicial functions in the corn- 
condemnation board is merely a fact-find- monly accepted meaning of the term. Jen- 
ing body which ascertains and passes upon nings v. Sawyer, 182 S. C. 427, 189 S. E. 
the rights of the landowner; it is in no sense 746 (1937). 

§ 33-837. Payment for right of way. 

Upon the resolution of the governing body of the county fixing the amount 

of the compensation and the damages in any case a warrant may be drawn on 

the county treasurer for the amount so fixed and the treasurer shall pay such 

amount out of any funds in his hands applicable to such purposes. 

1942 Code § 5813; 1932 Code § 5813; Civ. C. '22 § 2907; Civ. C. '12 § 1933; Civ. C. '02 
§ 1367; 1896 (22) 228; 1900 (23) 2S6; 1902 (23) 998; 1909 (26) 59; 1910 (26) 658. 

This section is not obnoxious to S. C. wav Dept., 197 S. C. 118, 14 S. E. (2d) 586 
Const., Art 1, § 17. Headdon v. State High- (1941). 

§ 33-838. Appeal. 

Any person interested may appeal to the court of common pleas from the 
decision of the governing body, provided the notice and grounds of appeal be 
served upon the supervisor of the county and filed with the clerk of the court 
within ten days after the decision of the governing bod} - . The clerk shall 
docket such appeal on calendar No. 1 and it shall be heard in the court de 
novo before a jury, unless the right to jury trial be waived, as in other cases 
provided by law. Such appeals may be called up for trial out of their order 
by either party. The verdict of the jury in such cases shall be final, unless set 

■ 84 



§ 33-839 



Highways, Bridges and Ferries 



§ 33-340 



aside for the reasons for which verdicts may be set aside in other cases or 
unless the judgment of the court thereupon be reversed, for error of law, on 
appeal to the Supreme Court. 

1942 Code § 5813; 1932 Code § S813; Civ. C. '22 § 2907; Civ. C. '12 § 1933; Civ. C. '02 
§ 1367; 1896 (22) 228; 1900 (23) 286; 1902 (23) 998; 1909 (26) 59; 1910 (26) 658. 



By the direct and unambiguous declara- 
tion of this section it is evident that the 
landowner has an adequate remedy at law. 
Headdon v. State Highway Dept., 197 S. 
C. 118, 14 S. E. (2d) 586 (1941). 

When the right to institute condemna- 
tion proceedings is contested, the proper 
remedy is to bring an action in the court 
of common pleas in order that the court 
may, in the exercise of its chancery powers, 
determine such right. County Board of 



Com'rs v. Hollidav, 182 S. C. 510, 189 S. 
E. 885 (1937). 

Proceedings under this article cannot be 
collaterally attacked. — State v. Kendall, 54 
S. C. 192, 32 S. E. 300 (1899). 

This statutory provision as to finality can 
only mean finality of the amount to be 
paid in the event the condemning party 
elects to take the property. South Caro- 
lina State Highway Dept. v. Bobotes, 180 
S. C. 1S3, 185 S. E. 165. 



§ 33-839. Effect of appeal. 

After tender of the amount found by the governing- body for compensation 
and damages, the pending of an appeal, either in the circuit or the Supreme 
Court, shall not operate to stay the opening, widening or changing the loca- 
tion of any such road, but the acceptance of the amount tendered shall operate 
as an abandonment of the appeal. In case the amount tendered be refused, it 
shall be deposited with the clerk of the court for the owner and the clerk shall 
give his official receipt therefor and shall pa}- the amount to the owner upon 
demand and take his receipt therefor. Unless the appellant shall recover on the 
appeal in which he shall be the actor twenty per cent more than the amount 
fixed by the governing body, he shall pay the costs and disbursements of the 
appeal and judgment may be entered against him therefor. 

1942 Code § 5813; 1932 Code § 5813; Civ. C. '22 § 2907; Civ. C. '12 § 1933; Civ. C. '02 
§ 1367; 1896 (22) 228; 1900 (23) 286; 1902 (23) 998; 1909 (26) 59; 1910 (26) 658. 



Effect when appeal made. — Where an ap- 
peal from an award was made and was 
docketed in the office of the clerk of the 
county of common pleas before the filing 
of a petition for an injunction in the county 
court, the county court could not oust the 
court of common pleas of the jurisdic- 
tion first acquired. Headdon v. State 
Highwav Dept., 197 S. C. 118, 14 S. E. (2d) 
586 (1941). 



The statutory provision, that one accept- 
ing condemnation award abandons appeal, 
cannot be invoked if award was accepted 
under misapprehension of its terms and 
honest effort is made to refund award. 
Cook v. State Highway Dept., 162 S. C. 242, 
160 S. E. 591 (1931). 

Cited in Zero Church v. Britton, 188 S. C. 
274, 198 S. E. 848. 



§ 33-840. Measure of damages. 

In assessing compensation and damages for rights of way, only the actual 
value of the land to be taken therefor and any special damages resulting there- 
from shall be considered and due allowance shall be made for any special 
benefit which may accrue to the owner, including the value of the old road, 
if the same revert to such owner. 

1942 Code § 5813; 1932 Code § 5813; Civ. C. '22 § 2907; Civ. C. '12 § 1933; Civ. C. '02 
§ 1367; 1896 (22) 228; 1900 (23) 286; 1902 (23) 99S; 1909 (26) 59; 1910 (26) 658. 

85 



§ 33-851 Code of Laws of South Carolina § 33-901 

The time of taking property fixes the quest. State Highway Department v. 

point at which damages shall be assessed. Amick's Estate, 199 S. C. 112, 18 S. E. (2d) 

Hoard of Com'rs v. Richardson, 122 S. C. 663. 

58, 114 S. E. 632 (1922). Damages for trespass. — If agents and 

Moving house not on condemned prop- servants of the Highway Department went 

erty. — Where a landowner had a part of upon a portion of land not covered by 

his land condemned for a road right of condemnation proceedings, without the au- 

way and he sought damages for the mov- thority of the landowners, they were tres- 

ing of his house to another portion of his passers, and whatever damage they did can 

land, it was held that evidence of damages be recovered by an action at common law 

from such removal was inadmissible since for damages for trespass. State Highway 

the house was not on any part of the land Department v. Amick's Estate, 199 S. C. 

condemned and was moved at owner's re- 112, 18 S. E. (2d) 663. 

Article 3. 

Width of Road. 
§ 33-851. General rule. 

The roadbed shall not be less than sixteen feet wide, exclusive of side 
ditches, roots and other obstructions, unless otherwise ordered by the govern- 
ing body of the county, and shall be posted with substantial mile-posts. Wheje 
roads run through lands where water stands or Hows, the roads must be 
ditched on either side and the roadbed raised. 

1942 Code § 5813; 1932 Code § 5813; Civ. C. '22 § 2907; Civ. C. '12 § 1933; Civ. C. '02 
§ 1367; 1896 (22) 228; 1900 (23) 286; 1902 (23) 998; 1909 (26) 59; 1910 (26) 658. 

§ 33-852. Width of roads in Hampton County. 

The roadbed of all roads laid out in Hampton County shall be not less than 
twenty feet wide, exclusive of side ditches, roots and other obstructions, un- 
less otherwise ordered by the governing body of the county. 

1942 Code § 5814; 1932 Code § 5814; Civ. C. '22 § 290S; Civ. C. '12 § 1934; 1909 (26) 208. 

§ 33-853. Width of roads in Bamberg, Eeaufort and Union Counties. 

The width of all public roads or highways laid out and constructed in Bam- 
berg, Beaufort and Union Counties since February 13 1913 shall not be less 
than twenty feet exclusive of side ditches, roots or other obstructions. 

1942 Code § 5815; 1932 Code § 5815; Civ. C. '22 § 2909; 1913 (28) 178. 

§ 33-854. Width of roads in Berkeley and Kershaw Counties. 

All new public roads opened or permanently improved in Berkeley County 
since February 21 1914 shall be twenty feet wide exclusive of side ditches and 
drains. In Kershaw County all roads or highways opened or constructed since 
said date shall be not less than thirty feet in width. 

1942 Code § 5816; 1932 Code § 5816; Civ. C. '22 § 2910; 1914 (28) 741. 

Article 4. 

Methods of Working Roads. 

§ 33-901. County may hire laborers to work roads. 

The governing body of each county may, in its discretion, employ or hire 
overseers and laborers upon the public highways, under the control of over- 

86 



§ 33-902 Highways. Bridges axd Ferries § 33-905 

seers, at such compensation as such body may determine. Commutation taxes 
and such other funds as may be applicable to highways may be used in pay- 
ment for such work. 
1942 Code § 5S26; 1932 Code § 5S26; Civ. C. '22 § 2919; Civ. C. '12 § 1944; 1902 (23) 1006. 

§ 33-902. Blank. 

§ 33-903. Use of chain gang on roads. 

The governing body of any county may work the highways in its county, 
or any part thereof, by a chain gang, without regard to the system used in 
other portions of the county. 

1942 Code § 5839; 1932 Code § 5839; Civ. C. '22 § 2932; Civ. C. '12 § 1957; 1902 (23) 1013. 

Cross reference. — As to county and mu- 
nicipal chain gangs, see §§ 55-451 to 55-527. 

§ 33-904. County authorities may combine chain gangs or hire convicts. 

Whenever in the judgment of the governing body of a county it shall be- 
come to the best interest of the county to combine with another county in the 
operation and management of the chain gangs of the respective counties, the 
governing bodies of such counties may combine their several chain gangs and 
provide for their maintenance and operation. Counties which are contiguous 
or are connected by means of railroad, highways or other means of communi- 
cation may thus combine whenever it shall appear to be economically to the 
advantage of such counties or the county authorities of any such counties 
may hire their convicts to another of such counties on such terms as to them 
may seem to the advantage of their respective counties. 

1942 Code § 5840; 1932 Code § 5840; Civ. C. '22 § 2933; 1919 (31) 244. 

§ 33-905. Advertisement for bids under contract system. 

If the governing body of any county concludes to adopt a contract system 
for working, maintaining and operating the several sections of highways, 
roads, bridges and ferries in its county, or any part thereof, the county super- 
visor or governing body, as soon as practicable thereafter, may advertise in 
a newspaper published in the county once a week for three weeks and by no- 
tices posted in two or more conspicuous places in the several townships or the 
township to be worked by the contract system for bids from responsible 
persons for the performance of the work as above set forth, and to furnish 
specifications of all such work or contracts as have been advertised. 

1942 Code § 5836; 1932 Code § 5836; Civ. C. '22 § 2929; Civ. C. '12 § 1954; Civ. C. '02 
§ 1381; 1896 (22) 237; 1902 (23) 1011. 

Advertising for bids discretionary. — Pro- ing it the same powers over streets as 

visions that county supervisors "may" ad- county officers have over highways, is not 

vertise, should not be construed "shall" required to advertise for bids for paving 

or "must," but was intended to give such streets in a county newspaper. Dillingham 

officers discretion; and the city council of v. Spartanburg, 75 S. C. 549, 56 S. E. 381 

Spartanburg, under the general charter giv- (1907). 



87 



§33-906 Code of Laws of South Carolina §33-911 

§ 33-906. Bids and acceptance thereof. 

All bids shall be made in writing, sealed and addressed to the county super- 
visor and by him opened in the presence of and submitted to the governing 
body of the county. Such body shall accept the lowest bid made by a re- 
sponsible person. But the governing body of the county may reject any and 
all bids. 

1942 Code § SS36; 1932 Code § 5836; Civ. C. '22 § 2929; Civ. C. '12 § 1954; Civ. C. '02 
§ 1381; 1896 (22) 237; 1902 (23) 1011. 

Objection to validity of contract for ceived bids from them lower than those 

paving streets. — Taxpayer cannot object to previously filed, and contracted with the 

the validity of a contract for paving streets lowest of these two to do the work, where 

because city officers refused all bids made act resulted in larger saving to taxpayers, 

after advertisement, and thereafter, upon Dillingham v. Spartanburg, 75 S. C. 549, 

conference with the two lowest bidders, re- 56 S. E. 3S1 (1907). 

§ 33-907. Bond of contractor. 

The governing body of the county shall require a bond of any contractor to 
keep, repair and maintain the public highway for the period of twelve months 
from the date of contract, such bond to be in double the amount of the con- 
tract, with two or more sureties to be approved by the governing body of the 
county. 

1942 Code § 5836; 1932 Code § 5S36; Civ. C. '22 § 2929; Civ. C. '12 § 1954; Civ. C. '02 
§ 1381; 1896 (22) 237; 1902 (23) 1011. 

§ 33-908. Overseer and laborers ; use of convicts. 

The governing body of any county may hire overseers and laborers and have 

the work performed as in its judgment may be most expedient and for the 

best interest of the county and the count}' supervisors and governing bodies 

may arrange to work the roads of their respective counties with the convicts 

of their several counties or to lease to or from the governing body of any 

county, upon such terms as may be agreed upon by the respective governing 

bodies, any convicts sentenced to perform hard labor upon the public works 

of any county. 

1942 Code § 5836; 1932 Code § 5836; Civ. C. '22 § 2929; Civ. C. '12 § 1954; Civ. C. '02 
§ 1381; 1896 (22) 237; 1902 (23) 1011. 

§33-909. Blank. 

§ 33-910. Special provisions for Beaufort and Berkeley. 

In Beaufort and Berkeley Counties the county supervisor may have the pub- 
lic highways worked by contract, by the overseer plan or by employing a 
superintendent of work. 

1942 Code § 5813; 1932 Code § 5813; Civ. C. '22 § 2907; Civ. C. "12 § 1933: Civ. C. '02 
§ 1367; 1896 (22) 228; 1900 (23) 286; 1902 (23) 998; 1909 (26) 59; 1910 (26) 658. 

§ 33-91 1. Special provision for Georgetown. 

In Georgetown Count}- the county supervisor may have the public highways 

wi irked by the contract plan. 

1942 Code § 5813; 1932 Code § 5813; Civ. C. '22 § 2«07; Civ. C. '12 § 1933; Civ. C. '02 
§ 1367; 1896 (22) 228; 1900 (23) 286; 1902 (23) 998; 1909 (26) 59; 1910 (26) 658. 

88 



§ 33-912 Highways, Bridges and Ferries § 33-921 

§ 33-912. Special provision for Hampton. 

In Hampton County, the county supervisor may have the public highways 

worked by the contract plan or by the overseer plan. 

1942 Code § 5813; 1932 Code § 5813; Civ. C. '22 § 2907; Civ. C. '12 § 1933; Civ. C. '02 
§ 1367; 1896 (22) 228; 1900 (23) 286; 1902 (23) 998; 1909 (26) 59; 1910 (26) 658. 

§ 33-913. Special provision for Horry. 

As a supplement to the chain gang work in Horry County, the county super- 
visor and governing body of the county may, whenever practicable, have the 
roads worked by the contract or by the overseer plan, except as otherwise 
provided by law. 

1942 Code § 5813; 1932 Code § 5S13; Civ. C. '22 § 2907; Civ. C. '12 § 1933; Civ. C. '02 



Article 5. 

Suits for Injuries on Highway. 

§ 33-921. Damages from defective highways, etc. 

Any person who shall receive bodily injury or damage in his person or prop- 
erty through a defect' or the negligent repair of a highway, causeway or bridge 
or of any ferry operated by the county, occasioned by the neglect or misman- 
agement of the county, may recover in an action against the county the amount 
of actual damage sustained by him by reason thereof, provided such person 
has not in any way brought about such injury or damage by his own act or 
negligently contributed thereto. If such defect in any road, causeway or 
bridge or in any ferry operated as aforesaid existed before such injury or dam- 
age occurred, such damage shall not be recovered by the person so injured 
if his load exceeded the ordinary weight. 

1942 Code § 5856; 1932 Code § 5S56; Civ. C. '22 § 2948; Civ. C. '12 § 1972; Civ. C. '02 
§ 1347; G. S. 1087; R. S. 1169; 1874 (15) 785; 1892 (21) 111; 1901 (23) 645; 1920 (31) 
1021; 1925 (34) 287; 1927 (35) 378. 

I. General Consideration. III. Contributory Negligence. 

II. Injury from Defective Highway. IV. Ordinary Weight. 

Cross Reference. 
As to claims and suits against State Highway Department, see §§ 33-229 to 33-235. 

I. GENERAL CONSIDERATION. impose liability on the Highway Depart- 

This section is constitutional. Drafts v. " lent for th . e death of a l f hoT " ki,Ied w . hilc 

State Highwav Dept., 142 S. C. 202, 140 dom S , rc P air work on tlle highway, since 

S. E. 468 (1927); Scott v. Brookland, 139 the . liability created by the act is restricted 

S C 3 9 1 138 S E 3 7 (19?7) *° in J ur y or damage to person or property. 

Jurisdiction.-This section 'does not place ^^/o S i at " "l^: ay De P { - 15 ° S " c - 

exclusive jurisdiction in the magistrate's U "" . . ( ly - y )- 

court or in the court, but gives these courts F° r additional related cases, see Latimer 

concurrent jurisdiction. Du Pre v. Lexing- v - Anderson County, 95 S. C. 187, 78 S. E. 

ton County, 90 S. C. 180, 73 S. E. 70 (1911). 879 (1913); Sanders v. York County, 106 

This section is not authority for actions S. C. 374, 91 S. E. 305 (1917); School Dist. 

for injuries or damages resulting in death. v - Marion County, 114 S. C. 382, 103 S. E. 

McCoy v. State Highway Dept., 169 S. C. 767 (1920); Newton Cotton Mills v. 

436, 169 S. E. 174 (1933). Springs, 56 S. C. 534, 35 S. E. 222 (1900); 

It applies only to injury or damage to Scott v. Richland County, 83 S. C. 506, 

person or property. — This section does not 65 S. E. 729 (1909); Cope v. Hampton 

89 



§ 33-921 



Code of Laws of South Carolina 



§33-921 



County, 42 S. C. 17, 19 S. E. 1018 (1894); 
Jennings v. Abbeville County, 24 S. C. 543 
(1886); Eynum v. State Highway Dept., 
156 S. C. 232, 153 S. E. 165 (1930); Fann 
v. State Highway Dept., 155 S. C. 219, 152 
S. E. 429 (1930). 

Applied in Wilson v. Clarendon County, 
139 S. C. 333, 13S S. E. 33 (1927); Mucken- 
fuss v. Atlanta, etc., R. Co. 121 S. C. 110, 
113 S. E. 367 (1922). 

Stated in Sawyer v. State Highway Dept., 
164 S. C. 53, 161 S. E. 8S3 (1932); Reeves 
v. Easley, 167 S. C. 231, 166 S. E. 120 
(1932). 

Cited in Caughman v. State Highway 
Dept., 154 S. C. 43, 151 S. E. 107 (1930); 
Hall v. Aiken Countv, 132 S. C. 420, 129 
S. E. 160 (1925); Sirrine v. State, 132 S. C. 
241, 128 S. E. 172 (1925); Steverson v. 
Orangeburg County, 128 S. C. 335, 121 S. 
E. 789 (1924); Faust v. Richland County, 
117 S. C. 251, 109 S. E. 151 (1921). 

II. INJURY FROM DEFECTIVE 
HIGHWAY. 

The plain language of this section is 
sufficient to show that it covers only dam- 
ages arising from a defective highway, due 
to a defect therein, or to the fact that the 
same was negligently repaired. Gowan v. 
Greenville County, 193 S. C. 327, 8 S. E. 
(2d) 509 (1940). 

And not from the fright of a horse. — 
Mason v. Spartanburg County, 40 S. C. 
390, 19 S. E. 15 (1894). 

The absence of railings was held not to 
be the proximate cause of an injury result- 
ing from a horse taking fright at a piece 
of timber lying near, and backing a buggy 
off the bridge. Brown v. Laurens County, 
3S S. C. 282, 17 S. E. 21 (1893). 

Nor from the negligent operation of a 
county truck. — Shelton v. Greenville Coun- 
ty, 194 S. C. 506, 10 S. E. (2d) 12 (1940). 

Injury sustained by occupant of county 
truck, due to negligent operation of truck, 
did not render county liable under this stat- 
ute. Taylor v. Sumter County, 168 S. C. 
126, 167 S. E. 1 (1932). 

But does cover damage from negligent 
parking of repair wagon. — But it seems that 
the county is liable for damages resulting 
to a traveler from colliding with a heavily 
laden wagon, used in repairing the high- 
way and left standing in the public high- 
way for several weeks unlighted. Duncan 
v. Greenville County, 71 S. C. 170, 50 S. E. 
776 (1905). 

And from hole in bridge. — And an in- 
jury sustained by the owner while trying 
to help his horse, whose foot got fastened 
in a hole in a bridge, when driven along 



the highway, is within the provision of this 
statute. Cooper v. Richland County, 76 S. 
C. 202, 56 S. E. 95S (1907). 

A traveler is not conclusively entitled to 
damages for injury to an animal on a 
bridge forming part of highway. Wallace 
v. Orangeburg County, 87 S. C. 359, 69 S. 
E. 664 (1910). 

Defect must be in public highway main- 
tained by county. — Where one receives in- 
juries from defects in a road, which is a 
deviation from the regular highway, laid 
out by the overseer of the road hands at 
the suggestion of the neighbors, and with- 
out the authority of the county commission- 
ers, who alone are empowered by law to 
alter highways, he cannot recover against 
the county under this section. Hill v. Lau- 
rens County, 34 S. C. 141, 13 S. E. 318 
(1891). 

A navigable stream, within the statute 
providing that navigable streams shall be 
deemed highways and that the county board 
of road commissioners shall keep the same 
in repair at all times, is not a highway 
within this section; and a county operat- 
ing a ferry by means of a cable stretched 
across a river is not liable for damages 
caused by a raft striking the cable. 
Speights v. Colleton County, 100 S. C. 304, 
84 S. E. 873 (1915). See Chick v. New- 
berry County, 27 S. C. 419, 3 S. E. 787 
(1887), decided under former statute. 

Plaintiff at the time of his injury must be 
engaged in the legitimate use of the streets 
or roads. Gowan v. Greenville County, 193 
S. C. 327, 8 S. E. (2d) 509 (1940). 

The use of highway by children for pur- 
poses of play is not as a matter of law an 
illegitimate use, not to be anticipated by 
the authorities required to keep the high- 
ways in a reasonably safe condition. Mor- 
ris v. Langley Mills, 121 S. C. 200, 113 S. 
E. 632 (1922). 

As to measure of actual damages, see 
Pearson v. Spartanburg County, 51 S. C. 
480, 29 S. E. 193 (1898). 

For additional related cases, see Dunn 
v. Barnwell, 43 S. C. 398, 21 S. E. 315 
(1895); Acker v. Anderson County, 20 S. 
C. 495 (1884). 

III. CONTRIBUTORY NELIGENCE. 

Absence of contributory negligence must 
have been alleged in the complaint since 
the Act of 1892. Walker v. Chester Coun- 
ty, 40 S. C. 342, IS S. E. 936 (1894). 

Even before the amendment as to neg- 
ligence on the part of the plaintiff, he could 
not recover if he received the injury 
through heedlessly disregarding a patent 
defect, which he knew to be dangerous, 



90 



§ 33-922 



Highways, Bridges and Ferries 



§ 33-922 



Lanev v. Chesterfield County, 29 S. C. 140, 
7 S. E. 56 (18S8). 

Negligence of plaintiff is not governed 
by rules as to contributory negligence at 
common law, but he cannot recover if the 
injury was in any way brought about by 
his negligence, or if be negligently contrib- 
uted thereto. McFail v. Barnwell Coun- 
ty, 57 S. C. 294, 35 S. E. 562 (1900). See 
also, Magill v. Lancaster County, 39 S. C. 
27, 17 S. E. 507 (1893). 

The words in the proviso, "has not in 
any way brought about such injury or dam- 
age by his own act," have been construed to 
mean that the act of the person injured 
must be the efficient cause of the injury; 
i. e., the immediate and proximate cause 
thereof. Cooper v. Richland County, 76 
S. C. 202, 56 S. E. 958 (1907). 

Plaintiff must show that he was not 
guilty of any negligence which was a prob- 
able cause of the injury. Duncan v. Green- 
ville County, 73 S. C. 254, 53 S. E. 367 
(1906). 

In an action by an automobilist against 
a county for injuries resulting from the 
automobile breaking through a bridge, un- 
der this section, the plaintiff must allege 
and prove that his injury was not brought 
about by his own negligent act, that he 
did not negligently contribute thereto, and 
that the defendant's negligence was the 
cause of the injuries. Moody v. Aiken 
County, 124 S. C. 2S8, 117 S. E. 533 (1923). 

The evidence was held to show that in- 
testate's death was not proximately caused 
by his contributory negligence. Sloan v. 
Greenville County, 120 S. C. 497, 113 S. E. 
349 (1922). 

Injury must be caused by negligence on 
part of county. — There can be no recovery 



without allegation and proof that defect 
which caused damage, or injur}-, was occa- 
sioned by neglect or mismanagement on 
part of the county. Scott v. Richland 
County, 83 S. C. 506, 65 S. E. 729 (1909). 

That a bridge was in bad condition one 
or two years before the accident, that the 
attention of the overseer had been called 
to it, and that a county commissioner had 
inspected it about one mouth before, tend 
to show a defective bridge, resulting from 
neglect. That a loaded wagon passed over 
the bridge, the driver noticing no defect, 
but that on return the horse, driven in a 
walk, without a load, fell through, tend to 
show the absence of contributory negli- 
gence. Herndon v. Colleton County, 83 
S. C. 551, 65 S. E. 820 (1909). 

Evidence held sufficient to show negli- 
gence on the part of the county in not 
repairing defective bridge. Sloan v. Green- 
ville County, 120 S. C. 497, 113 S. E. 349 
(1922). 

Circumstantial evidence. — Where an in- 
jury occurs, resulting in the death of the 
only person who could account for the cause, 
the court held that circumstantial evidence 
can be relied upon to establish that the 
deceased did not in any way bring about 
the injury, did not negligently contribute 
thereto. Mahon v. Spartanburg County, 205 
S. C. 441, 32 S. E.(2d) 368 (1944). 

IV. ORDINARY WEIGHT. 

Evidence that tractor decedent was driv- 
ing when bridge collapsed did not exceed 
"ordinary" weight allowed by this section 
was sufficient for jury. Chewning v. Claren- 
don County, 163 S.'C. 506, 161 S. E. 777 
(1931). 



§ 33-922. Death caused by defective highway, etc. 

Whenever the death of a person shall be caused by any injury through a 
defect in or failure to repair a highway, causeway, public way, street or bridge, 
under such circumstances and conditions as would have entitled the party to 
recover damages under § 33-921 or under § 47-70, either or both, if death had 
not ensued, the right of action for such injury and death shall survive to and 
may be enforced by the personal representative of such person in the same 
manner as is provided for actions by administrators and executors when death 
results from personal injuries and such provisions shall be applicable to all 
such actions. 

1942 Code § 5858; 1932 Code § 5858; Civ. C. '22 § 2950; Civ. C. '12 § 1974; 1903 (24) 67. 

The language of this section manifests the 
intention to include all the conditions of 
§ 47-70, and the right of action in a case, 
properly brought under § 47-70, survives 
to those entitled to survive under that sec- 



tion. Athanas v. Spartanburg, 196 S. C. 
19, 12 S. E.(2d) 39 (1940). 

Second action for pain and suffering 
barred. — Administratrix of deceased, who 
had recovered under this statute for wrong- 



91 



§ 33-923 Code of Laws of South Carolina § 33-925 

ful death, could not maintain another ac- thereto. Mahon v. Spartanburg County, 205 

lion for deceased's pain and suffering prior S. C. 441, 32 S. E.(2d) 36S (1944). 

to death. Chewning v. Clarendon County, For additional related cases, see Randal 

168 S. C. 351, 167 S. E. 555 (1933). v. State Highway Dcpt., 150 S. C. 302, 148 

Circumstantial evidence. — Where an in- S. K. 57 (1929); McLcndon v. Columbia, 

jury occurs, resulting in the death of the 101 S. C. 48, 85 S. E. 234 (1915); Sirrine v. 

only person who could account for the State, 132 S. C. 241, 128 S. E. 172 (1925). 

cause, the court held that circumstantial Cited in McCoy v. State Highway Dept., 

evidence can he relied upon to establish that 169 S. C. 436, 169 S. E. 174 (1933); Chew- 

the deceased did not in any way bring about ning v. Clarendon Co., 163 S. C. 506, 161 

the injury, or did not negligently contribute S. E. 777 (1931). 

§ 33-923. Claim prerequisite to suit ; time limit on suit. 

As a prerequisite to recovery of damages under §33-921, a verified claim 
therefor, setting forth the date and place the injury or damage occurred and 
the amount of the damage sustained, shall be filed with the county supervisor 
or other governing body of the county against which such claim is made within 
one hundred eighty days after the alleged injury or damage. But it shall not 
be necessary to file a verified claim with the supervisor or other governing 
body of the county against which such claim is made when a summons and 
verified complaint is served on such county within six months after the date 
of the injury or damages allowed under the provisions of § 33-921. Suit, if any, 
for any such damages shall be commenced by service of summons and com- 
plaint within twelve months from the date of such alleged injury or damage. 

1947 (45) 249. 

Cross reference. — As to filing claims and 
suits against State Highway Department, 
see §33-230. 

§ 33-924. Tender before action ; effect of refusal. 

If before the commencement of an action provided for in § 33-921 the gov- 
erning body of the county tender to the plaintiff the amount which he might 
be entitled to recover, together with all legal costs, and the plaintiff refuses 
to accept such tender and does not recover upon the subsequent trial a sum 
larger than the amount so tendered, the defendant shall recover costs and the 
plaintiff be entitled to the results of no verdict. 

1942 Code § 5857; 1932 Code § 5857; Civ. C. '22 § 2949; Civ. C. '12 § 1973; Civ. C. '02 
§ 1348; G. S. 1088; R. S. 1170; 1874 (15) 785. 

§ 33-925. Burden of proof if county notified of defect. 

If in any case brought under § 33-921 it is made to appear that before the 
damage occurred the supervisor or other officer of such county, thereunto 
charged by law, had been notified in writing by any citizen that the highway, 
causeway or bridge, or ferry operated by the county, at or on which the dam- 
age occurred was defective or needed repair, the burden of proof shall be upon 
the county to show either that such defect did not in fact exist, that it had 
been properly repaired or that a reasonable time had not elapsed since such 
notice within which to make such repairs. 

1942 Code § 5S56; 1932 Code § 5S56; Civ. C. '22 § 294S; Civ. C. '12 § 1972; Civ. C. '02 
§ 1347; G. S. 1087; R. S. 1169; 1S74 (15) 785; 1S92 (21) Hlj 1901 {23) 645; 1920 (31) 
1021; 1925 (34) 287; 1927 (35) 378. 

92 



§ 33-926 



Highways, Bridges and Ferries 



§ 33-926 



§ 33-926. Maximum recovery for bodily or property injury or death. 

In all causes of action arising under §§ 33-921 and 33-922 the maximum dam- 
age for personal property shall not exceed one thousand dollars and for per- 
sonal injury or death shall not exceed five thousand dollars. There shall Lie 
only one action against a county in the case of death which shall include dam- 
ages for death and pain and suffering and the recovery shall be limited to five 
thousand dollars. 

1942 Code § 5859; 1932 Code § 5859; 1930 (36) K352. 

Cited in Chewning v. Clarendon County, 
168 S. C. 351, 167 S. E. 555 (1933). 



CHAPTER 11. 

County Road Taxes. 



Article 1. 
Special Road Taxes. 

Sec. 

33-951. Levy of special county tax for 
roads. 

33-951.1. Levy of special township tax for 
roads. 

33-952. Calling township election for addi- 
tional special road tax. 

33-953. Conduct of such election. 

33-954. Proceedings if election favorable to 
tax. 

33-955. Use of proceeds of tax. 

33-956. Apportionment and expenditure of 
special levy. 

Article 2. 
Commutation Taxes Generally. 

33-961. When payable. 

33-962. How commutation tax kept and ap- 
plied. 

33-903. Persons in military or naval service 
of United States exempt from 
road or street tax. 

Article 2.1. 

Abbeville County. 

33-966. Commutation tax. 
33-967. Return for road tax in certain coun- 
ties. 
33-968. Penalties for failure to pay. 

Article 3. 
Allendale County. 
33-971. Commutation road tax. 



Sec. 

33-972. Misdemeanor not to pay commuta- 
tion road tax. 
33-973. Returns for road tax. 
33-974. Collection of road tax. 

Article 4. 

Bamberg County. 

33-9S1. Commutation tax. 

33-9S2. Returns. 

33-983. Nonpayment a misdemeanor. 

33-9S4. Expenditure of proceeds of tax. 

Article 5. 
Barnwell County. 

33-991. Commutation road tax. 

33-992. Exemptions. 

33-993. Returns. 

33-994. Penalties for failure to pay. 

Article 6. 
Beaufort County. 



33-1001. 


Road tax. 


33-1002. 


Collection. 


33-1003. 


Disbursement of tax and fines. 


33-1004. 


Evasion a misdemeanor. 




Article 7. 




Berkeley County. 


Sec. 




Sec. 




33-1011. 


Commutation tax. 


33-1012. 


Blank. 


33-1013. 


Returns. 


33-1014. 


Treasurer to collect tax and k 




record. 


33-1015. 


Failure to pay a misdemeanor. 



cep 



93 



Code of Laws of South Carolina 



Article 8. 
Calhoun County. 



Sec. 

33-1021. 

33-1022. 



Road tax. 

Returns. 

33-1023. Failure to pay a misdemeanor. 
33-1024. Collection of tax. 

Article 9. • 

Cherokee County. 

33-1026. Capitation road tax. 
33-1027. Road maintenance tax. 
33-1028. Governing body may borrow. 
33-1029. Treasurer to turn over funds. 

Article 10. 

Clarendon County. 

33-1031. Commutation tax. 

33-1032. Exemptions. 

33-1033. Returns. 

33-1034. Board of assessors to furnish list. 

33-1035. Treasurer to list payers of tax and 

report to supervisor. 

33-1036. Collection. 

33-1037. Penalties for failure to pay tax. 

33-1038. Attorney to prosecute. 

33-1039. Expenditure of proceeds of tax. 

Article 11. 

Colleton County. 

33-1051. Commutation road tax. 
33-1052. Exemptions. 
33-1053. Penalties. 

Article 12. 

Dillon County. 

33-1061. Commutation road tax. 

33-1062. Exemptions. 

33-1063. Time of payment; collection. 

Article 13. 

Dorchester County. 

33-1071. Commutation tax. 
33-1072. Returns and collection of tax. 
33-1073. Delinquent road taxes; apportion- 
ment of commutation tax. 
33-1074. Failure to pay commutation tax. 

Article 14. 

Edgefield County. 

33-1081. Capitation road tax. 

33-1082. Assessment; collection. 

33-1083. Evasion a misdemeanor. 

33-1084. Use of proceeds. 



Article IS. 

Fairfield County. 

Sec 

33-1091. Commutation road tax. 

33-1092. Blank. 

33-1093. Lists of those liable to pay tax. 

33-1094. Failure to pay tax. 

33-1095. Enforcement of article. 

Article 16. 

Georgetown County. 

33-1101. Commutation road tax. 
Exemption. 



33-1102. 
33-1103. 
33-1104. 
33-1105. 
33-1106. 



Blank. 

Returns for road tax; lists. 
Assessment and collection. 
Evasion a misdemeanor. 



Article 17. 

Greenville County. 

33-1111. Commutation road tax. 

33-1112. Failure to pay tax a misdemeanor. 

Article 18. 
Blank. 

Article 19. 

Hampton County. 

33-1131. Special tax. 
33-1132. Commutation road tax. 
33-1133. Returns. 

33-1134. Disposition of tax collected in mu- 
nicipalities. 
33-1135. Failure to pay tax a misdemeanor. 

Article 20. 

Kershaw County. 

33-1141. Townships may levy special road 

tax. 
33-1142. Election. 
33-1143. Ballots. 
33-1144. Collection of tax. 
33-1145. Road tax. 
33-1146. Residents of towns exempt. 
33-1147. Returns and collection of tax. 
33-1148. Payable and collectible as poll tax. 
33-1149. Evasion a misdemeanor. 



Article 21. 

Lee County. 

Commutation tax. 

Collection and expenditure of tax. 

Failure to pay tax a misdemeanor. 

Article 22. 
Lexington County. 
33-1 1 SI. Commutation tax. 



33-1171 
33-1172 
33-1173 



94 



Highways, Bridges and Ferries 



Sec. 
33-1182. Exemptions. 
33-1183. Punishment for failure to pay. 

Article 23. 

McCormick County. 

33-1191. Road tax. 

33-1192. Collection. 

33-1193. Use of tax funds. 

33-1194. Failure to pay a misdemeanor. 

Article 24. 
Newberry County. 

33-1201. Election on special township road 

tax held on petition. 
33-1202. Voting and returns. 
33-1203. Levy and collection; expenditure 

of proceeds. 
33-1204. Continuance of tax. 
33-1205. Township road commission. 
33-1206. Commutation road tax. 

Article 25. 
Blank. 

Article 26. 

Orangeburg County. 

33-1221. Commutation tax. 

33-1222. Return and collection of tax. 

33-1223. Use of proceeds of tax. 

33-1224. Failure to pay tax a misdemeanor. 

Article 27. 

Richland County. 

33-1241. Road tax. 

33-1242. Returns and lists of taxpayers. 
33-1243. Collection and disposition of tax. 
33-1244. Payment and expenditure of tax. 
33-1245. Failure to pay tax a misdemeanor. 

Article 28. 

Saluda County. 

33-1251. Election for special road tax for 
school districts. 



Sec. 

33-1252. Who entitled to vote. 

33-1253. Managers; appointment and duties. 

33-1254. Form of ballot. 

33-1255. Borrowing money in anticipation 
of such taxes. 

33-1256. Levy and collection of taxes; dis- 
bursement. 

33-1257. Governing body to act when school 
trustees fail. 

Article 29. 
Spartanburg County. 

33-1261. Election for township tax for 

roads. 
33-1262. Levy and collection of such tax; 

disbursement of proceeds. 
33-1263. Commutation tax. 
33-1264. Returns and lists of taxpayers. 
33-1265. Treasurer to collect tax. 
33-1266. Payment and expenditure of tax. 
33-1267. Failure to pay a misdemeanor. 

Article 30. 
Sumter County. 
33-1271. Road tax. 

Article 31. 

Union County. 

33-1281. Commutation road tax. 
33-1281.1. Exemptions from tax. 
33-1282. Payment and expenditure of tax. 
33-12S3. Failure to pay a misdemeanor. 

Article 32. 
Williamsburg County. 



33-1291. Townships may vote special tax, 
33-1292. Disposition of proceeds of road 

levy; bridge fund. 
33-1293. Commutation or road tax. 
33-1294. Payment and expenditure of tax. 
33-1295. Collection of road tax in towns. 
33-1296. Failure to pay a misdemeanor. 



Article 1. 
Special Road Taxes. 

§ 33-951. Levy of special county tax for roads. 

The governing body of each county may levy annually a sum not exceeding 
one mill on all the taxable property of the respective counties, which shall 
constitute a part of the county road fund, to be expended by the governing 
body in the same manner as is provided by law for the use and expenditure 
of the commutation tax. Such tax shall be collected at the same time and 

95 



§33-951.1 Code of Laws of South Carolina §33-953 

in the same manner as is provided by law for the collection of taxes levied for 
ordinary county purposes. 

1942 Code § 5838; 1932 Code §§ 1679, 5838; Civ. C. '22 § 2931; Cr. C. '22 § 626" Civ 
C. '12 § 195G; Cr. C. '12 § 647; Civ. C. '02 § 1300; Cr. C. '02 § 464; 1896 (22) 237; 1901 
(23) 639; 1902 (23) 1012. 

Cross references.— As to the collection see § 65-3581. As to collection of road tax 

of delinquent road taxes, see § 65-2781. As in Sumter County, see §§ 65-3651 to 65-3654. 

to duties of sheriff in Fairfield County as As to exemption of service men from road 

to road taxes, see § 65-3503. As to duty tax, see § 44-464. 

of auditor of Georgetown County to make A special road tax levy by county corn- 
separate list of road taxes, see § 65-3521. As missioners is constitutional. Southern Ry. 
to disposition of fines collected in McCor- Co. v. Kay, 62 S. C. 28, 39 S. E. 785 (1901). 
mick County for nonpayment of road taxes, 

§ 33-951.1. Levy of special township tax for roads. 

The governing body of any county may cause to be levied a road tax not 

to exceed one mill on all taxable property of any township in its county when 

so requested by a written petition signed by two thirds of the freeholders 

of such township, such tax to be collected as other taxes and to be expended 

on the roads and highways of such township. 

1942 Code § 5838; 1932 Code §§ 1679, 5838; Civ. C. '22 § 2931; Cr. C. '22 § 626; Civ. C. 
'12 § 1956; Cr. C. '12 § 647; Civ. C. '02 § 1360; Cr. C. '02 § 464; 1896 (22) 237; 1901 [23) 
639; 1902 (23) 1012. 

§ 33-952. Calling township election for additional special road tax. 

The electors of any township who return real or personal property for tax- 
ation may levy and collect an annual road tax to supplement any special or 
other funds for like purposes, in the following manner: upon the written peti- 
tion or request of at least one fourth of the resident electors of the township 
and a like proportion of the resident freeholders of the age of twenty-one years, 
as shown by the tax books of the county, being filed with the governing body 
of the county asking for such tax and stating the rate of the tax levy proposed, 
which shall not exceed two mills, the governing body of the county shall order 
the township board of assessors of such township to hold an election at some 
place within the township, after giving notice of the time and place thereof for 
at least two weeks in some newspaper published within the county and by 
posting notice thereof in at least three public places within such township for 
such length of time, unless there be no newspaper published within the county 
in which event the posting of the notices shall suffice. 

1942 Code § 5846; 1932 Code § 5S46; Civ. C. '22 § 2938; Civ. C. '12 § 1962; 1902 (23) 1015. 

§33-953. Conduct of such election. 

At such election only such electors as return real or personal property for 
taxation and who exhibit their tax receipts and registration certificates as re- 
quired in general elections shall be allowed to vote. For the election the town- 
ship board of assessors shall appoint the managers and the election shall be 
conducted as is provided by law for the conduct of general elections. At the 
election each elector favoring the proposed levy shall cast a ballot containing 

% 



§ 33-954 Highways, Bridges and Ferries § 33-962 

the word "Yes," printed or written thereon, and each elector opposed to the 

levy shall cast a ballot containing the word "No," printed or written thereon. 

1942 Code § 5S46; 1932 Code § 5846; Civ. C. '22 § 2938; Civ. C. '12 § 1962; 1902 (23) 1015. 

§ 33-954. Proceedings if election favorable to tax. 

Within ten days after such election, if the majority of those voting shall 
vote for such levy, the board of assessors shall furnish the county auditor 
with a statement of the amount so levied and the auditor shall enter such 
amount in the tax duplicate and he shall annually, for two years only, enter 
such amount in the tax duplicates. And the county treasurer shall collect such 
tax as other county and State taxes. Such levy shall be a lien on the property 
in such township which shall be subject thereto in case of default of payment. 

1942 Code § 5846; 1932 Code § 5S46; Civ. C. '22 § 2938; Civ. C. '12 § 1962; 1902 (23) 1015. 

§ 33-955. Use of proceeds of tax. 

Any tax so collected shall be used for the improvement of the public roads 
of the township and shall be paid out by the county treasurer upon warrants 
drawn by the governing body of the county. Any surplus of such levy re- 
maining in the hands of the county treasurer at the expiration of any fiscal 
year shall be paid out the next year for the same purpose. 

1942 Code § 5846; 1932 Code § 5846; Civ. C. '22 § 2938; Civ. C. '12 § 1962; 1902 (23) 1015. 

§ 33-956. Apportionment and expenditure of special levy. 

The governing body of any county in which there is a special levy on real 
and personal property for road purposes shall, not later than the first of March 
in each year, apportion the road fund derived from such special levy to each 
township upon an equitable basis and when the tax is levied only in one town- 
ship it shall be expended in that township. The road fund so apportioned 
shall be expended by the road overseer in doing all necessary work upon 
the public highways, in opening new roads when directed and in building and 
keeping in repair all bridges that do not exceed twelve feet in length subject to 
the general supervision and approval of the governing body of the county. 

1942 Code § 5847; 1932 Code § 5847; Civ. C. '22 § 2939; Civ. C. '12 § 1963; 1902 (23) 1015. 

Article 2. 
Commutation Taxes Generally. 

§33-961. When payable. 

Except as otherwise provided herein a commutation tax shall be payable 

on or before the first day of March of each year. 

1942 Code § 5863; 1932 Code § 5863; Civ. C. '22 § 2954; Civ. C. '12 § 1978; 1911 (27) 
165, 170, 184, 186, 187; 1912 (27) 844; 1913 (28) 32; 1914 (28) 729; 1920 (31) 981; 1921 
(32) 192; 1936 (39) 1370. 

§ 33-962. How commutation tax kept and applied. 

All moneys paid into the county treasury under a commutation road tax 
shall be kept separate and apart from the general county fund and, except 
as otherwise herein directed, shall be exclusively applied by the governing 
[4 SC Code]— 7 9/ 



§ 33-963 Code of Laws of South Carolina § 33-968 

body of the county to repairing the highways and bridges of the county, 
by contract or otherwise, as may be deemed most expedient. The governing 
body of any county may use for other count)' purposes than repairs of high- 
ways any balance of the road commutation tax remaining in the county treas- 
urer's hands on the first day of January in each year. 

1942 Code § 5841; 1932 Code § SS41; Civ. C. *22 § 2934; Civ. C. '12 § 1958; 1902 (23) 1013. 

§ 33-963. Persons in military or naval service of United States exempt from 

road or street tax. 

All persons who may be in the military or naval service of the United States 

shall be exempted from the payment of the commutation road tax or street 

tax during the term of their service. 

1942 Code § 5865; 1932 Code § 5865; Civ. C. '22 § 2959; 1918 (30) 853; 1942 (42) 1756; 
1944 (43) 1221. 

Article 2.1. 

Abbeville County. 

§ 33-966. Commutation tax. 

A commutation tax of one dollar shall he paid on or before the first day 
of March of each year in Abbeville County by every male person able to per- 
form labor on the highways from the age of twenty-one to fifty-five, both in- 
clusive. 

1942 Code §§ 5862, 5863; 1932 Code §§ 5862, 5863; Civ. C. '22 §§ 2953, 2954; Civ. C. '12 
§§ 1977, 1978; 1911 (27) 165, 170, 184, 186, 187; 1912 (27) 582, 842, 844; 1913 (28) 32; 1914 
(29) 729; 1920 (31) 981; 1921 (32) 192; 1936 (39) 1370; 1937 (40) 71. 

§ 33-967. Return for road tax in certain counties. 

Every person in Abbeville County, liable for the commutation tax, shall 
return himself for taxation for such tax to the county auditor in each and 
every year between the first day of January and the twentieth day of Feb- 
ruary and the county auditor shall solicit and take such returns. The county 
auditor shall make out and deliver to the township hoards of assessors lists 
of names of the persons who have returned themselves for taxation for such 
tax in their townships. The township boards of assessors shall add to said 
lists the names of all persons in their respective townships liable for said 
tax, but who have not returned themselves to the county auditor. The county 
auditor in each and every year, on or before the fifteenth day of October, shall 
make out and deliver a list of the names of all persons liable for such tax, 
alphabetically arranged by townships to the county treasurer. The county 
treasurer shall collect such tax and turn it into the road fund for the county. 
The county treasurer shall keep a book in which shall be recorded by town- 
ships or parishes the names of those paying such tax. 

1942 Code § 5864; 1932 Code § 5864; Civ. C. '22 § 2955; Civ. C. '12 § 1979; 1911 (27) 
175; 1912 (27) 842,846. 

§ 33-968. Penalties for failure to pay. 

Any failure on the part of any one liable therefor to pay the commutation 
taxes as required by law in Abbeville County shall be a misdemeanor and shall 

pS [4SCCode] 



§33-971 Highways, Bridges and Ferries §33-974 

be punished by a fine of not less than five dollars nor more than fifty dollars 
or by imprisonment for not more than thirty days. 

1942 Code § 1725; 1932 Code § 1725; Cr. C. '22 § 676; Cr. C. '12 § 640; 1933 (38) 70. 

Article 3. 
Allendale County. 

§ 33-971. Commutation road tax. 

All able-bodied male persons of the ages of twenty-one to fifty-five years, 
both inclusive, in Allendale county shall be required annually to pay a commu- 
tation or road tax of three dollars, except ministers of the Gospel actually 
in charge of a congregation, teachers actually employed in teaching in the 
public schools, persons permanently disabled in the military service of this 
State and all students who may be attending any school or college at the time 
the commutation tax shall become due. 

1942 Code § 3950; 1932 Code § 3950; 1931 (37) 352. 

§ 33-972. Misdemeanor not to pay commutation road tax. 

Any person failing or refusing to pay such tax shall be guilty of a mis- 
demeanor and shall, upon conviction, be punished by a fine of not less than 
five dollars nor more than fifty dollars or imprisonment for not more than 
thirty days. 

1942 Code § 3951; 1932 Code § 3951; 1931 (37) 352. 

§ 33-973. Returns for road tax. 

Each person in said county liable for such road tax shall return himself for 
taxation for such tax to the county auditor of said county between the first 
day of January and the twentieth day of February of each year and the 
county auditor shall solicit and take such returns. After the returns shall 
have been made the county auditor shall make out and deliver to the township 
board of assessors of the respective townships of said county lists of the 
names of the persons who have returned themselves for taxation in their re- 
spective townships. The township boards of assessors shall add to the list the 
names of all persons in their respective townships liable for such tax, but who 
have not returned themselves to the count} - auditor. The county auditor in 
each and every year, on or before the 15th day of October, shall make out and 
deliver a list of the names of all persons liable for such road tax in said county, 
alphabetically arranged by townships, to the county treasurer of said county. 
The auditor shall add a penalty of fifty cents to each person liable for such 
commutation tax who has not returned himself for such tax as hereinabove 
required. 

1942 Code § 3952; 1932 Code § 3952; 1931 (37) 353. 

§ 33-974. Collection of road tax. 

The county treasurer of Allendale County shall collect such tax and turn 
the same over to the road fund for said county, the same to be expended as 
nearly as practicable for road purposes in the townships from which it is 

99 



§33-981 Code or Laws of South Carolina §33-991 

collected. The county treasurer shall keep a book in which shall be recorded 
by townships the names of those paying such commutation or road tax. 
1942 Code § 3953; 1932 Code § 3953; 1931 (37) 353. 

Article 4. 

Bamberg County. 
§ 33-981. Commutation tax. 

All able-bodied male persons in Bamberg County between the ages of twen- 
ty-one and fifty-five years shall be required to pay to the county treasurer an 
annual commutation or road tax of two dollars per head. 

1942 Code § 3981; 1932 Code § 3981; Civ. C. '22 § 2963; Cr. C. '22 § 679; Civ. C. '12 
§ 1981; 1911 (27) 192; 1912 (27) 632; 1915 (29) 194; 1920 (31) 771; 1921 (32) 103; 1922 
(32) 778; 1951 (47) 506. 

§ 33-982. Returns. 

Every person in said county liable for such tax shall return himself for 

taxation to the county auditor between the 1st day of January and the 20th 

day of February and the auditor shall take such returns and enter them upon 

the tax duplicates. Such tax shall be collected by the county treasurer in the 

same manner and times as other taxes. 

1942 Code § 3982; 1932 Code § 3982; Civ. C. '22 § 2964; Civ. C. '12 § 19S2; 1911 (27) 
192; 1912 (27) 632. 

§ 33-983. Nonpayment a misdemeanor. 

Any failure to pay such road tax shall be a misdemeanor and the offender, 

'upon conviction, shall be punished by a fine of not less than five dollars and 

not more than fifty dollars or imprisoned for not more than thirty days. 

1942 Code § 3981; 1932 Code § 3981; Civ. C. '22 § 2963; Cr. C. '22 § 679; Civ. C. '12 
§ 1981; 1911 (27) 192; 1912 (27) 632; 1915 (29) 194; 1920 (31) 771; 1921 (,32) 103; 1922 
(32) 778. 

§ 33-984. Expenditure of proceeds of tax. 

The proceeds of such tax shall be expended upon the public roads of the 

county and, as nearly as possible, within the townships from which they are 

collected, and when the tax is collected from the citizens of incorporated towns 

such proceeds from such towns shall be turned over to the respective town 

treasurers for use in street work. 

1942 Code §§ 3981, 3982; 1932 Code §§ 3981, 3982; Civ. C. "22 §§ 2963, 2964; Cr. C. '22 
§ 679; Civ. C. '12 §§ 1981, 1982; 1911 (27) 192; 1912 (27) 632; 1915 (29) 194; 1920 (31) 
771; 1921 (32) 103; 1922 (32) 77S. 

Article 5. 

Barnwell County. 

§33-991. Commutation road tax. 

All able-bodied male persons in Barnwell County between the ages of twenty- 
one and fifty-five years, inclusive, shall be required to pay a commutation tax 
uf two dollars per annum to the county treasurer at the same time state 

100 



§ 33-992 Highways, Bridges and Ferries § 33-1001 

and county taxes are payable. Such tax shall be expended for road purposes 

in the townships from which it is collected. 

1942 Code § 4015; 1932 Code § 401S; Civ. C. '22 § 1228; Civ. C. '12 § 1983; 1911 (27) 
183; 1920 (31) 852; 1948 (45) 2337. 

§ 33-992. Exemptions. 

The provisions of this article shall not apply to ministers of the Gospel ac- 
tually in charge of a congregation, teachers actually employed in teaching 
in the public schools and students who may be attending any school or col- 
lege at the time when the commutation tax herein provided for shall become 
due. 

1942 Code § 4015; 1932 Code § 4015; Civ. C. '22 § 1228; Civ. C. '12 § 1983; 1911 (27) 
183; 1920 (31) 852. 

§33-993. Returns. 

Every person in said county liable for such road tax shall return himself 
for taxation to the county auditor for the payment of such tax before the 
first day of May and the county auditor shall solicit and take such returns. 
The count}- auditor shall make out and deliver to each member of the board 
of assessors and such rural policemen or other county police officers as are 
in office lists of the names of the persons who have returned themselves for 
taxation in the respective townships of such officers. Such officers shall fur- 
nish the county auditor with the names of all persons liable to road duty in 
their respective townships who have not returned themselves for such tax- 
ation. The county auditor in each year, on or before the 15th day of October, 
shall make out and deliver a list of the names of all persons liable to road tax 
in said county, alphabetically arranged by townships, to the treasurer of the 
county and shall add a penalty of fifty cents to the amount of taxes due by 
each person who had not returned himself as herein provided. 

1942 Code § 4018; 1932 Code § 4018; Civ. C. '22 § 1230; Civ. C. '12 § 1985; 1911 (27) 183. 

§ 33-994. Penalties for failure to pay. 

Any person liable to pay such commutation tax and failing to do so shall 

be guilty of a misdemeanor and, upon conviction thereof, fined not less than 

five dollars nor more than twenty dollars, or be confined at hard labor for 

a period of twenty days. 

1942 Code §§ 4015, 4016; 1932 Code §§ 4015, 4016; Civ. C. '22 § 1228; Cr. C. '22 § 680; 
Civ. C. '12 §§ 1983, 1989; 1911 (27) 175, 183; 1920 (31) 852; 1951 (47) 506. 

Article 6. 

Beaufort County. 

§33-1001. Road tax. 

All male persons of Beaufort County liable to the payment of poll tax shall 

be required, annually, to pay a road tax of three and one-half dollars. 

1942 Code § 4029; 1932 Code § 4029; Civ. C. '22 § 2965; 1913 (28) 176; 1914 (28) 697; 
1915 (29) 445; 1916 (29) 898; 1917 (30) 252; 1919 (31) 293; 1921 (32) 233. 

101 



§33-1002 Code of Laws of Soutii Carolina §33-1013 

§33-1002. Collection. 

Such road tax shall he due and payable when the poll tax is due and payable 

and shall be charged against all persons liable to the payment of a poll tax 

by the county auditor. It shall be collected by the county treasurer as the 

poll tax is collected. 

1942 Code § 4030; 1932 Code § 4030; Civ. C. '22 § 2966; 1913 (28) 176; 1914 (28) 697; 
1915 (29) 445; 1916 (29) 898; 1917 (30) 252; 1919 (31) 293; 1921 (32) 233. 

§ 33-1003. Disbursement of tax and fines. 

All funds collected under the provisions of this article shall be used for 
general road purposes as set out in the county supply act and in so far as is 
practicable there shall be expended in each township an amount equal to the 
road tax collected in such township. 

1942 Code § 4032; 1932 Code § 4032; Civ. C. '22 § 2968; 1921 (32) 233; 1922 (32) 782. 

§ 33-1004. Evasion a misdemeanor. 

Any person herein made liable to the payment of such road tax who shall 
fail to make such payment shall be guilty of a misdemeanor and, upon con- 
viction thereof, shall be punished by a fine of not less than five dollars nor 
more than ten dollars or by imprisonment for not less than ten nor more than 
thirty days. 

1942 Code § 4031; 1932 Code § 4031; Civ. C. '22 § 2967; Cr. C. '22 § 681; 1913 (28) 176; 
1914 (28) 697; 1915 (29) 445; 1916 (29) 898; 1917 (30) 252; 1919 (31) 193. 

Article 7. 

Berkeley County. 

§33-1011. Commutation tax. 

All able-bodied male persons in Berkeley County from the age of twenty-one 

to fifty years, both inclusive, except ministers of the Gospel actually in charge 

of a congregation, teachers employed in the public schools, school trustees 

and students who may be attending any school or college when the tax herein 

imposed may become due, shall pay to the county treasurer of said county an 

annual commutation or road tax of three dollars per head, which shall be 

expended upon the public roads of the county and as nearly as possible in the 

township from which collected. Such tax shall be paid at the same time and 

subject to the same penalties as other State and county taxes. 

1942 Code § 4037; 1932 Code § 4037; Civ. C. '22 § 1235; Civ. C. '12 § 1987; 1911 (27) 
175; 1913 (28) 25; 1920 (31) 961; 1951 (47) 506. 

§33-1012. Blank. 

§33-1013. Returns. 

Every person in said county liable for such road tax shall return himself 
for taxation for such tax to the county auditor in each year between the first 
day of January and the twentieth day of February and the county auditor shall 
solicit and take such returns. Thereafter the county auditor shall make out 
and deliver to the tax assessors of the several school districts of said county 

102 



§ 33-1014 Highways, Bridges and Ferries § 33-1023 

lists of the names of the persons who have returned themselves for taxation for 
such tax in their school districts. Such tax assessors shall add to such lists 
the names of all persons in their respective school districts liable for such tax 
who have not returned themselves to the county auditor. The county auditor 
in each year, on or before the fifteenth day of October, shall make out and de- 
liver a list of the names of all persons liable for such road tax in said county, 
alphabetically arranged by school districts, to the county treasurer. 

1942 Code § 4038; 1932 Code § 4038; Civ. C. '22 § 1236; Civ. C. '12 § 1988; 1911 (27) 175; 
1951 (47) 290. 

§ 33-1014. Treasurer to collect tax and keep record. 

The county treasurer shall collect such tax and turn it into the road fund 
for said county. He shall also keep a book in which shall be recorded by 
parishes the names of those paying such commutation or road tax. 

1942 Code § 4039; 1932 Code § 4039; Civ. C. '22 § 1237; Civ. C. '12 § 19S9; 1911 (27) 175. 

§ 33-1015. Failure to pay a misdemeanor. 

Any person liable for such commutation tax in said county failing to pay 

such tax shall be guilty of a misdemeanor and, upon conviction thereof, 

fined not less than five dollars nor more than twenty dollars or be imprisoned 

for a period of not more than thirty days. 

1942 Code §§ 1725, 4039: 1932 Code §§ 1725, 4039; Civ. C. *22 § 1237; Cr. C. '22 § 676; 
Civ. C. '12 § 1989; Cr. C. '12 § 640; 1911 (27) 175; 1933 (38) 70. 

Cross reference. — As to date commuta- 
tion taxes are generally payable, see § 33- 
961. 

Article 8. 

Calhoun County. 
§33-1021. Road tax. 

All able-bodied male persons from the age of twenty-one to fifty years in 
Calhoun County shall annually pay two dollars commutation or road tax, 
except ministers of the Gospel actually in charge of a congregation, teachers 
employed in public schools and students who may be attending any school or 
college at the time when the commutation tax herein provided for shall become 
due. 

1942 Code § 4069; 1934 (38) 1216. 

§33-1022. Returns. 

All such persons shall make returns thereof at the same time property and 
poll tax returns are made and shall pay to the county treasurer such commu- 
tation or road tax which shall be expended upon the public roads of the county. 

1942 Code § 4069; 1934 (38) 1216; 1951 (47) 506. 

§ 33-1023. Failure to pay a misdemeanor. 

Any failure to pay such road tax shall be a misdemeanor and the offender, 

103 



§33-1024 Code of Laws of South Carolina §33-1029 

upon conviction, shall be punished by a fine of not loss than five dollars and 
not more than ten dollars or imprisoned for not more than thirty days. 
1942 Code § 4069; 1934 (38) 1216. 

§ 33-1024. Collection of tax. 

The tax shall be collected at the same time and in the same manner as other 
taxes are collected. 

1942 Code § 4069; 1934 (38) 1216. 

Article 9. 
Cherokee County. 

§ 33-1026. Capitation road tax. 

Every male citizen of Cherokee County between the ages of twenty-one and 
fifty years, inclusive, shall pay a capitation tax of two dollars per annum to 
the county treasurer at the same time that other taxes are required to be 
paid. Such tax shall be entered by the county auditor and charged against 
each of such citizens on the tax duplicate in his office, to be credited to the 
roads and bridges fund of the county and to be expended upon the roads and 
bridges of the county. 

1942 Code § 4087; 1932 Code § 4087; 1922 (32) 1048. 

§33-1027. Road maintenance tax. 

An annual tax of two mills on all the property in Cherokee County is hereby 
levied, to be collected as other taxes are collected, for the purpose of main- 
taining the roads constructed or improved by the governing body of said 
county. 

1942 Code § 4111: 1932 Code § 4111; Civ. C. '22 § 1355; 1919 (31) 33; 1923 (33) 94. 

§ 33-1028. Governing body may borrow. 

The governing body of Cherokee County may borrow from time to time, 
in anticipation of the collection of such taxes and by pledging them, what- 
ever funds may be necessary to purchase necessary machinery to maintain 
the roads until the taxes are collected. 

1942 Code § 4112; 1932 Code § 4112; Civ. C. '22 § 1356; 1919 (31) 33; 1923 (33) 94. 

§ 33-1029. Treasurer to turn over funds. 

The treasurer of Cherokee County shall turn over to the governing body of 
the county on March 1 of each year, or as soon thereafter as collected, all funds 
in his hands arising from levies made under the provisions of §33-1027 fur 
maintenance purposes and also any balance in his hands at that time arising 
from levies. 

1942 Code § 4113; 1932 Code § 4113; Civ. C. '22 § 1357; 1919 (31) 33; 1923 (33) 94. 



104 



§33-1031 Highways, Bridges and Ferries §33-1035 

Article 10. 

Clarendon County. 
§33-1031. Commutation tax. 

All able-bodied male persons between the ages of twenty-one and sixty 
years, inclusive, in Clarendon County shall pay a commutation tax of two dol- 
lars on or before the first day of December of each year. Such tax must be 
paid by the person subject thereto to the county treasurer and on such pay- 
ment he shall receive a receipt showing the date, amount and purpose for 
which paid and signed by the county treasurer. 

1942 Code § 4149: 1932 Code § 4149: Civ. C. - 22 § 1260: 1914 (28) 723; 1917 (30) 277; 
1919 (31) 78; 1920 (31) 879; 1921 (32) 59; 1933 (38) 150; 1951 (47) 506. 

§ 33-1032. Exemptions. 

Any person who is a bona fide resident of any incorporated city or town 

in said county, paying the regular assessed street taxes of such city or town, 

is exempt from the provisions of this article. 

1942 Code § 4151; 1932 Code §§ 1583. 4151. 4163. 4164; Civ. C. '22 §§ 1261. 1274. 1275: 
Cr. C. '22 § 537; Civ. C. '12 § 1935; 1909 (26) 146; 1919 (31) 78; 1920 (31) 879; 1921 
(32) 59. 

§ 33-1033. Returns. 

Every person in said county liable for the commutation or road tax shall 
return himself for taxation for such tax to the county auditor of the county 
between the first day of January and the 2Cth day of February in each year 
and the county auditor shall solicit and take such returns. Thereafter the 
count}- auditor shall make out and deliver to the county supervisor a list of 
the names of the persons who have returned themselves for taxation for each 
township, alphabetically arranged. 

1942 Code § 4154; 1932 Code § 4154: Civ. C. '22 § 1265; 1914 (28) 723. 

§ 33-1034. Board of assessors to furnish list. 

The chairman of the township board of assessors, between the first day of 
January and the twentieth day of February in each year, shall furnish to the 
county auditor of said county a list of the names of the persons in their re- 
spective townships liable for the road tax and the auditor shall arrange the 
lists alphabetically by townships and deliver the list to the county treasurer 
on or before the 15th day of October of each year. 

1942 Code § 4153; 1932 Code § 4153; Civ. C. '22 § 1264; 1914 (28) 723. 

§ 33-1035. Treasurer to list payers of tax and report to supervisor. 

The county treasurer shall keep in his office a separate account with each 
township, listing the name of each person in the several townships who pays 
his commutation tax. He shall also, prior to April 1 of each year, make a re- 
port in duplicate to the county supervisor of the total amount of commutation 
tax received from each township and the name of each person who has paid 
such tax. 

1942 Code § 4155; 1932 Code § 4155; Civ. C. '22 § 1266; 1917 (30) 277. 

105 



§33-1036 Code of Laws of South Carolina §33-1052 

§ 33-1036. Collection. 

The commutation road tax shall be due and payable on or before the first 
day of December of each year and shall be charged against the persons liable 
therefor by the county auditor as poll taxes are charged. The county treas- 
urer shall collect and receipt for the tax and his failure, refusal or neglect to 
do so shall constitute a misdemeanor punishable by fine or imprisonment, in 
the discretion of the court, in addition to any other penalties provided by law. 

1942 Code § 4151; 1932 Code §§ 1583, 4151, 4163, 4164; Civ. C. '22 §§ 1261, 1274, 1275; 
Cr. C. '22 § 537; Civ. C. '12 § 1935; 1909 (26) 146; 1919 (31) 78; 1920 (31) 879; 1921 
(32) 59. 

§ 33-1037. Penalties for failure to pay tax. 

Any person herein made liable to the payment of such road tax who shall 

fail to make such payment when due shall be guilty of a misdemeanor and, 

upon conviction thereof, shall be punished by a fine of not less than five dollars 

and not more than twenty-five dollars or by imprisonment of not less than 

ten nor more than thirty days. 

1942 Code §§ 4151, 4152; 1932 Code §§ 1583, 4151, 4152, 4163, 4164; Civ. C. '22 §§ 1261, 
1263, 1274, 1275; Cr. C. '22 §§ 537, 684; Civ. C. '12 § 1935; 1909 (26) 146; 1919 (31) 78; 
1920 (31) 879; 1921 (32) 59; 1951 (47) 506. 

§33-1038. Attorney to prosecute. 

The governing body of the county may employ an attorney to prosecute 
those failing to pay the commutation road tax. 

1942 Code § 4150; 1932 Code § 4150; Civ. C. '22 § 1261; Civ. C. '12 § 1935; 1909 (26) 146. 

§ 33-1039. Expenditure of proceeds of tax. 

The governing body of the county shall expend the taxes hereinbefore 
provided for as nearly as practicable in each of the townships in which it is 
collected. 

1942 Code § 4154; 1932 Code § 4154; Civ. C. '22 § 1265; 1914 (28) 723. 

Article 11. 

Colleton County. 

§33-1051. Commutation road tax. 

All able-bodied male persons between the ages of twenty-one to fifty years, 

inclusive, in Colleton County shall pay annually three dollars commutation 

or road tax. 

1942 Code § 4209; 1932 Code § 4209; Civ. C. '22 § 1416; Civ. C. '12 § 2025; 1909 (26) 
149; 1920 (31) 957; 1951 (47) 506. 

§ 33-1052. Exemptions. 

Ministers of the Gospel actually in charge of a congregation, teachers em- 
ployed in the public schools, school trustees, persons permanently disabled in 
the military service of this State and students who may be attending any 
school or college at the time when the commutation tax herein provided for 
shall become due shall be exempt from the payment of such tax. Cut any 

106 






§ 33-1053 Highways, Bridges and Ferries § 33-1063 

person claiming exemption from the provisions of this article on the ground 

of physical disability when such disability is not apparent shall be required to 

procure a certificate of disability from two regular physicians, dated within 

three months. School trustees shall have credit for actual time served in 

school work as trustees when certified to. 

1942 Code § 4209: 1932 Code § 4209; Civ. C. '22 § 1416; Civ. C. '12 § 2025; 1909 (26) 
149; 1920 (31) 957; 1951 (47) 506. 

§33-1053. Penalties. 

Any person violating the provisions of this article shall be guilty of a mis- 
demeanor and, upon conviction thereof, shall be fined not less than ten dollars 
and not more than twenty dollars or imprisoned for a period of not less than 
ten days nor more than thirty days for each and every offense. 

1942 Code § 4210; 1932 Code § 4211; 1928 (35) 1188. 

Article 12. 

Dillon County. 

§33-1061. Commutation road tax. 

All able-bodied male persons between the ages of twenty-one to fifty years, 

inclusive, in Dillon County shall pay annually a two dollar commutation or 

road tax. 

1942 Code § 4624; 1932 Code § 4624; Civ. C. '22 § 1461; 1912 (27) 842; 1918 (30) 862; 
1919 (31) 36; 1948 (45) 2590. 

§ 33-1062. Exemptions. 

Ministers of the Gospel actually in charge of a congregation, teachers em- 
ployed in the public schools, school trustees, persons permanently disabled 
in the military service of this State and students who may be attending any 
school or college at the time when the commutation tax herein provided for 
shall become due shall be exempt from the payment thereof. But any person 
claiming exemption from the provisions of this section on the grounds of 
physical disability when such disability is not apparent shall be required to 
procure a certificate of disability from two regular physicians, dated within 
three months. School trustees shall have credit for actual time served in 
school work as trustees when certified to. 

1942 Code § 4264; 1932 Code § 4264; Civ. C. '22 § 1461; 1912 (27) 842; 1918 (30) 862; 
1919 (31) 36. 

§ 33-1063. Time of payment ; collection. 

The commutation tax shall be due and payable on or before December 31st 
of each year and shall be collected by the county treasurer at the same time oth- 
er taxes are collected. 

1942 Code § 4265; 1932 Code § 4265; Civ. C. '22 § 1462; 1912 (27) 842; 1918 (30) 862; 
1919 (31) 36. 



107 



§33-1071 Codl of Laws of South Carolina §33-1073 

Article 13. 
Dorchester County. 

§33-1071. Commutation tax. 

All male persons in Dorchester County able to perform labor upon the roads, 
from the age of eighteen to fifty years, both inclusive, except ministers of 
the Cospcl in actual charge of congregations, teachers employed in the public 
schools, school trustees, persons permanently disabled in performing mili- 
tary duties for the State, persons in the military or naval service of the United 
States and students who may be attending any school or college at the time 
the tax herein imposed shall become due, shall pay to the county treasurer 
an annual commutation or road tax of three dollars. The commutation or 
road tax so collected shall be expended as nearly as possible in the township 
or parish from which it is collected. The commutation or road tax shall be 
payable between the fifteenth day of October and the thirty-first day of 
December of each year. 

1942 Code § 5860; 1932 Code § 5860; Civ. C. '22 § 2951; Civ. C. '12 § 1975; 1911 (27) 
170, 181, 186; 1912 {27) 582, 842, 844; 1913 (28) 32; 1922 (32) 791; 1924 (,33) 980; 1929 
(36) 3; 1939 (41) 85; 1951 (47) 506. 

§ 33-1072. Returns and collection of tax. 

Every person liable for such tax shall return himself for taxation for such 
tax to the county auditor in each year between the first day of January and 
the twentieth day of February and the count}- auditor shall solicit and take 
such returns. The county auditor shall make out and deliver to the township 
boards of assessors lists of names of the persons who have returned them- 
selves for such tax in the respective townships. The township boards of 
assessors shall add to such lists the names of persons in their respective 
townships liable for the tax who have not returned themselves to the county 
auditor. The county auditor in each year, on or before the fifteenth day 
of October, shall make out and deliver lists of the names of all persons liable 
to such road tax, alphabetically arranged by townships, to the county treas- 
urer. The county treasurer shall collect the tax and turn it into the road 
fund for the county. The county treasurer shall also keep a book in which 
shall be recorded by townships the names of those paying such tax. 

1942 Code § 5864; 1932 Code § 5864; Civ. C. '22 § 2955; Civ. C. '12 § 1979; 1911 (27) 
175; 1912 (27) 842, 846. 

§33-1073. Delinquent road taxes; apportionment of commutation tax. 

The county treasurer shall turn over to the sheriff of said county all execu- 
tions arising from the road tax defaulters at the same time and in the same 
manner as all other executions are delivered. The sheriff shall be allowed the 
same fees for services as are allowed by the magistrates. The county treasurer 
shall keep the fund derived from the commutation tax separate from other 
funds and apportion it as equally as possible among the several road districts. 

1942 Code § 4281; 1932 Code § 4281; Civ. C. '22 § 1476; 1914 (28) 598; 1921 (32) 9. 

10S 



§ 33-1074 Highways, Bridges and Ferries § 33-1034 

§ 33-1074. Failure to pay commutation tax. 

Failure on the part of any one liable therefor to pay the special road or 
commutation road taxes imposed by law in Dorchester County shall constitute 
a misdemeanor and shall be punished by a fine of not less than five nor more 
than fifty dollars or by imprisonment for not more than thirty days. 

1942 Code § 1725; 1932 Code § 1725; Cr. C. '22 § 676; Cr. C. '12 § 640; 1933 (38) 70. 

Article 14. 
Edgefield County. 

§ 33-1081. Capitation road tax. 

All able-bodied male persons between the ages of twenty-one and fifty-five 
years, both inclusive, in Edgefield County shall pay annually a capitation road 
tax of two dollars to the county treasurer. On payment of such tax a receipt 
shall be issued showing the date, amount and purpose for which paid, and 
signed by the person collecting the tax. Any person claiming exemption from 
the provisions of this section on the ground of physical disability when such 
disability is not apparent shall be required to give a certificate of disability 
from two regular physicians. 

1942 Code § 4306; 1932 Code § 4306; 1923 (33) 50. 

§33-1082. Assessment; collection. 

Such capitation tax shall be due and payable at the same time that the poll 
tax of said county is due and payable, shall be charged against all persons liable 
therefor by the county auditor in the same manner as the poll tax is charged 
and shall be collected by the county treasurer at the same time and in the same 
manner as poll taxes are collected. 

1942 Code § 4306; 1932 Code § 4306; 1923 (33) 50. 

§ 33-1083. Evasion a misdemeanor. 

Any person liable for the payment of the capitation road tax who shall 
fail to make such payment when the tax is due or who fails to list the tax 
at the time provided for listing it with the county auditor shall be guilty of a 
misdemeanor and upon conviction thereof shall be punished by a fine in the 
sum of not less than five dollars and not more than ten dollars or by imprison- 
ment of not less than ten days nor more than thirty days. 

1942 Code § 4306; 1932 Code § 4306; 1923 (33) 50. 

§ 33-1084. Use of proceeds. 

The capitation tax received hereunder shall be used by the governing body 
of the county upon the public highways of the county at such places and at 
such times as they may deem necessary. But in the distribution of the fund 
each township shall receive not less than the amount paid in by such township. 

1942 Code § 4306; 1932 Code § 4306; 1923 (33) 50. 



109 



§ 33-1091 Code of Laws of South Carolina § 33-1095 

Article 15. 

Fairfield County. 

§ 33-1091. Commutation road tax. 

All persons in Fairfield County able to perform labor upon the roads, except 

ministers of the Gospel, shall pay an annual commutation road tax of one and 

one-half dollars. Such tax shall be charged by the county auditor against 

every such person between the ages of twenty-one and fifty years, inclusive, 

and shall be collected by the county treasurer as other taxes are collected. 

1942 Code § 4316; 1932 Code § 4316; Civ. C. '22 § 1511; Civ. C. '22 § 1511; Cr. C. '22 
§ 687; Civ. C. '12 § 2047; 1911 (27) 168; 1913 (28) 111; 1914 (28) 521; 1914 (29) 1915 
(29) 595; 1921 (32) 70; 1922 (32) 790; 1933 (38) 318; 1939 (41) 261; 1951 (47) 506. 

§33-1092. Blank. 

§ 33-1093. Lists of those liable to pay tax. 

The county auditor shall see that the names of all persons liable for the road 

tax are entered upon his tax books and that they are placed in the hands of the 

county treasurer for collection. Each district commissioner shall furnish 

the county auditor with the names of all persons in his district who are liable 

to pay the commutation tax and shall swear out warrants before a magistrate 

against all persons who fail to do so within the time prescribed by law. 

1942 Code § 4317; 1932 Code § 4317; Civ. C. '22 § 1512; Civ. C. '12 §§ 2048, 2049; 1909 
(26) 154; 1913 (28) 111; 1914 (28) 521; 1921 (32) 70; 1922 (32) 790; 1933 (38) 318. 

§ 33-1094. Failure to pay tax. 

Any person liable to road tax and failing to pay such tax shall be guilty 

of a misdemeanor and upon conviction shall pay a fine of not less than three 

dollars nor more than five dollars or be imprisoned for not less than ten 

days nor more than thirty days in the discretion of the trial magistrate. All 

fines collected for the nonpayment of the commutation road tax shall be 

credited to the road fund in the township in which such party failing to pay 

may reside. 

1942 Code § 4316; 1932 Code § 4316; Civ. C. '22 § 1511; Cr. C. '22 § 687; Civ. C. '12 
§ 2047; 1911 (27) 168; 1913 (28) 111; 1914 (28) 521; 1914 Ex. Sess. (29) 27; 1915 (29) 
595; 1921 (32) 70; 1922 (32) 790; 1933 (38) 318; 1939 (41) 261; 1951 (47) 506. 

§ 33-1095. Enforcement of article. 

The county supervisor and the governing body of the county and such 

township commissioners as may be hereafter appointed shall see that all 

persons liable to pay the commutation road tax shall pay such tax. 

1942 Code § 4316; 1932 Code § 4316; Civ. C. '22 § 1511; Cr. C. '22 § 687; Civ. C. '12 
§ 2047; 1911 (27) 168; 1913 (28) 111; 1914 (28) 521; 1914 Ex. Sess. (29) 27; 1915 (29) 
5995; 1921 (32) 70; 1922 (22) 790; 1933 (38) 318; 1939 (41) 261. 



110 



§33-1101 Highways, Bridges and Ferries §33-1105 

Article 16. 

Georgetown County. 

§33-1101. Commutation road tax. 

All able-bodied male persons between the ages of twenty-one and fifty-five 
years, both inclusive, in Georgetown Count}' shall pay a capitation road tax 
of two dollars on or before the 31st day of December of each year. Such 
capitation tax must be paid by the person subject thereto to the county treas- 
urer and on payment of the tax a receipt shall be issued showing the date, 
amount and purpose for which paid, and signed by the person collecting it. 

1942 Code § 4377; 1932 Code § 4377; 1925 (34) 216; 1931 (37) 74; 1940 (41) 1906; 1951 
(47) 506. 

§33-1102. Exemptions. 

Persons residing in the cities of Andrews and Georgetown, ministers of the 
Gospel actually in charge of a congregation and persons permanently disabled 
in the military service of this State and of the United States shall be exempt 
from the payment of such tax. Any person claiming exemption from the 
provisions of this article on the ground of physical disability when such dis- 
ability is not apparent shall be required to give a certificate of disability from 
two regularly licensed physicians. 

1942 Code § 4377; 1932 Code § 4377; 1925 (34) 216; 1931 (37) 74; 1940 (41) 1906; 1951 
(47) 506. 

§33-1103. Blank. 

§ 33-1 104. Returns for road tax ; lists. 

Every person in said county liable for such road tax shall return himself for 
taxation for such tax to the county auditor in each calendar year between the 
first day of January and the twentieth day of February and the count}' auditor 
shall solicit and take such returns. The auditor shall make out and deliver 
to the township assessors of the several townships, giving a copy to the govern- 
ing body of the county, lists alphabetically arranged of the names of the 
persons who have returned themselves for taxation for such tax in their town- 
ships. The township assessors and the governing body of the county shall 
add to such lists the names of all persons in the county liable for such tax 
who have not returned themselves to the county auditor and such lists shall 
be returned as promptly as possible to the county auditor. The county 
auditor in each year, on or before the 15th day of October, shall make out and 
deliver a list of the names of all persons liable for road tax in said county, 
alphabetically arranged by townships, to the county treasurer. 

1942 Code § 4380; 1932 Code § 4380; 1925 (34) 216; 1931 (37) 75. 

§ 33-1105. Assessment and collection. 

Such capitation tax shall be due and payable at the same time that the poll 
tax of said county is due and payable, shall be charged against all persons 
liable therefor by the county auditor in the same manner as poll taxes are 

111 



§33-1106 Code of Laws of South Carolina §33-1112 

charged and shall be collected by the county treasurer at the same time and 
in the same manner as poll taxes are collected. 

1942 Code § 4378; 1932 Code § 4378; 1925 (34) 216; 1931 (37) 75. 

§ 33-1106. Evasion a misdemeanor. 

Any person hereunder made liable for the payment of the capitation road 
tax who shall fail to make such payment when due or who fails to list such tax at 
the time provided for listing it with the auditor shall be guilty of a misdemeanor 
and, upon conviction thereof, shall be punished by a fine in a sum not less than five 
dollars and not more than ten dollars or by imprisonment for not less than ten 
days nor more than thirty days. 

1942 Code § 4379; 1932 Code § 4379; 1925 (34) 216; 1931 (37) 75; 1951 (47) 506. 

Article 17. 
Greenville County. 

§33-1111. Commutation road tax. 

All able-bodied male persons from the age of twentv-one to fifty, both in- 
clusive, in Grecnvile County shall pay annually a commutation or road tax 
of one dollar and a half, except ministers of the Gospel actually in charge of 
congregations, teachers employed in the public schools, school trustees and 
students who are attending any school or college. Any person claiming ex- 
emption hereunder on the ground of physical disability when such disability 
is not apparent shall be required to produce a certificate of two regular 
physicians, dated within twelve months of the time when such tax is payable. 
Such tax shall be collected at the same time, by the same officers and in the 
same manner as other State, county and school taxes are collected. 

1942 Code § 4438; 1932 Code § 4438; Civ. C. '22 § 1593; 1917 (30) 283; 1944 (43) 1304. 

§ 33-1 1 12. Failure to pay tax a misdemeanor. 

All persons who are liable to the payment of commutation or road tax in 
Greenville County who shall fail to pay such commutation or road tax when it 
becomes due shall be guilty of a misdemeanor and, upon conviction, shall be 
punished by a fine of not less than five dollars and not more than twenty-five 
dollars or imprisonment of not less than ten days nor more than thirty days. 
But any person liable to penalty for nonpayment of road tax may pay the 
amount of such penalty to the sheriff or county treasurer and such officers 
may accept five dollars in full payment of such penalty when voluntarily paid 
by the person so liable. 

1942 Code § 4439; 1932 Code § 4439; Civ. C. '22 § 1594; Cr. C. '22 § 690; 1917 (30) 283. 

Article 18. 
Blank. 



112 



§33-1131 Highways, Bridges and Ferries §33-1141 

Article 19. 

Hampton County. 

§33-1131. Special tax. 

For the purpose of building, working, keeping and maintaining the public 

highways and bridges of Hampton County, the governing body of the county 

shall levy a tax of four mills on all taxable property of said county and the 

county treasurer shall collect such tax. All taxes collected under this section 

shall be applied to the township from which they are collected. 

1942 Code §§ 4483, 4484; 1932 Code §§ 4483, 4484; Civ. C. '22 §§ 1634, 1635; Civ. C. '12 
§§ 2057, 2058; 1910 (26) 674; 1911 (27) 191. 

§ 33-1 132. Commutation road tax. 

All able-bodied persons between the ages of twenty-one and fifty years in 

Hampton County shall pay to the county treasurer an annual commutation 

road tax of two dollars per head which shall be expended upon the public 

roads of the county and, as nearly as possible, within the township from 

which it is collected. 

1942 Code § 4487; 1932 Code § 4487; Civ. C. '22 § 1638; Cr. C. '22 § 692; Civ. C. '12 
§ 1981; 1911 (27) 192; 1915 (29) 194; 1951 (47) 506. 

§33-1133. Returns. 

Every person in said county liable for such tax shall return himself for tax- 
ation to the count}' auditor between the 1st day of January and the 20th da}' 
of February and the auditor shall take such returns and enter them upon the 
tax duplicates. The tax shall be collected by the county treasurer in the same 
manner and at the same times as other taxes. 

1942 Code § 4488; 1932 Code § 4488; Civ. C. '22 § 1639; Civ. C. '12 § 1982; 1911 (27) 
192; 1912 (27) 632. 

§ 33-1134. Disposition of tax collected in municipalities. 

When such tax is collected by the county treasurer from citizens of incor- 
porated towns within the county it shall be turned over to the town treasurers 
of the respective towns to be used for street purposes. 

1942 Code § 4488; 1932 Code § 4488; Civ. C. '22 § 1639; Civ. C. '12 § 1982; 1911 (27) 
192; 1912 (27) 632. 

§ 33-1135. Failure to pay tax a misdemeanor. 

Any failure to pay the road tax shall be a misdemeanor and the offender, 

upon conviction, shall be punished by a fine of not less than five dollars nor 

more than fifty dollars or imprisoned for not more than thirty days. 

1942 Code § 4487; 1932 Code § 4487; Civ. C. '22 § 1638; Civ. C. '12 § 1981; Cr. C. '22 
§ 692; 1911 (27) 192; 1915 (29) 194. 

Article 20. 

Kershaw County. 

§ 33-1141. Townships may levy special road tax. 

The several townships of Kershaw County may levy annually a special tax 
[4SCCode] — 8 113 



§33-1142 Code of Laws of South Carolina §33-1145 

for the purpose of building and improving their public roads, as herein pro- 
vided. 
1942 Code § 4525; 1932 Code § 4525; Civ. C. '22 § 1687; 1914 (28) 720. 

§33-1142. Election. 

Upon the filing of a petition of at least twenty-five freeholders, resident 

with any township of said county, praying for an election to determine the 

question of a special annual levy for building and improving public roads 

within such township, specifying the amount of such tax to be levied, the 

governing body of the county shall order an election for such purpose after 

giving at least three weeks' notice of the time and place of such election, to 

be published in some newspaper of said county. At such election all qualified 

electors within the township are entitled to vote. Three managers shall be 

appointed by the governing body of the county for each election precinct to 

conduct such election. 

1942 Code §§ 4526, 4527, 4528; 1932 Code §§ 4526, 4527, 4528; Civ. C. "22 §§ 1688, 1689, 
1690; 1914 (28) 720. 

§33-1143. Ballots. 

The governing body of the county shall furnish for the purpose of such 
election a sufficient number of ballots and upon one-half of each shall be 
printed the words "For the road levy" and on the other half "Against the road 
levy". 

1942 Code § 4527; 1932 Code § 4526; Civ. C. '22 § 1689; 1914 (28) 720. 

§ 33-1144. Collection of tax. 

If the majority at such election shall be in favor of such road levy this fact 
shall be reported to the county auditor and entered upon his abstract and 
such tax shall be levied and collected and continue from year to year to be 
so levied and collected until an election ordered for the purpose shall result 
against such levy. 

1942 Code § 4528; 1932 Code § 4528; Civ. C. '22 § 1690; 1914 (28) 720. 

§33-1145. Road tax. 

All able-bodied male persons between the ages of twenty-one and fifty, both 
inclusive, in Kershaw County shall pay annually a commutation or road tax 
of two dollars, except ministers of the Gospel actually in charge of congre- 
gations and teachers employed in the public schools. Any persons claiming 
exemption from the provisions of this section on the ground of physical disa- 
bility when such disability is not apparent shall be required to produce a 
certificate from two regular physicians dated within three months of the date 
on which such tax is payable. The tax must be paid by the person subject 
thereto to the county treasurer and on payment he shall receive a receipt 
showing the date, amount and purposes for which paid and signed by the 
person collecting the tax. 

1942 Code § 4521; 1932 Code § 4521; Civ. C. '22 § 1683; 1912 (27) 846; 1920 (31) 951; 
1921 {32) 36; 1924 {33) 1004; 1933 (38) 55. 

114 [4SCCode] 



§33-1146 Highways, Bridges and Ferries §33-1171 

§ 33-1 146. Residents of towns exempt. 

Any person who is a bona fide resident of any incorporated city or town in 
said county, paying the regular assessed street tax of such city or town, is 
exempt from the provisions of § 33-1145. 

1942 Code § 4524; 1932 Code § 4524; Civ. C. '22 § 16S6; 1920 (31) 951. 

§ 33-1 147. Returns and collection of tax. 

Every person liable for the road tax shall return himself for taxation for 
such tax to the county auditor in each year between the first day of January 
and the twentieth day of February and the count}' auditor shall solicit and 
take such returns. The county auditor shall make out and deliver to the 
township boards of assessors lists of the names of all persons who have re- 
turned themselves for taxation for such tax in their townships. The town- 
ship boards of assessors shall add to such lists the names of all persons 
in their respective townships liable for such tax who have not returned them- 
selves to the county auditor. The county auditor in each year, on or before 
the fifteenth day of October, shall make out and deliver a list of the names of 
all persons liable for such road tax, alphabetically arranged by townships, to 
the county treasurer. The county treasurer shall collect the tax and turn 
it into the road fund for the county. The county treasurer shall keep a book 
in which shall be recorded by townships the names of those paying the com- 
mutation or road tax. 

1942 Code § 5864; 1932 Code § 5864; Civ. C. '22 § 2955; Civ. C. '12 § 1979; 1911 (27) 
175; 1912 (27) 842, 846. 

§ 33-1148. Payable and collectible as poll tax. 

The commutation tax shall be due and payable when the poll tax is due and 
payable, shall be charged against all persons liable therefor by the county 
auditor as poll taxes are charged and shall be collected by the county treasurer 
at the same time as the poll tax is collected. 

1942 Code § 4522; 1932 Code § 4522; Civ. C. '22 § 1684; 1912 (27) 846; 1920 (31) 951. 

§ 33-1149. Evasion a misdemeanor. 

Any person herein made liable to the payment of such road tax who shall 
fail to make such payment shall be guilt}' of a misdemeanor and, upon convic- 
tion thereof, shall be punished by fine of not less than five dollars and not 
more than ten dollars or by imprisonment of not less than ten or more than 
thirty days. 

1942 Code § 4523; 1932 Code § 4523; Civ. C. '22 § 1685; Cr. C. '22 § 695; 1912 (27) 846; 
1920 (31) 951. 

Article 21. 

Lee County. 
§33-1171. Commutation tax. 

All able-bodied male persons from the age of twenty-one to sixty years, 
both inclusive, in Lee County shall pay annually two dollars commutation or 
road tax, except persons living in incorporated cities or towns, whose street 

115 



§33-1172 Code of Laws of Soutii Carolina §33-1183 

tax is two dollars or more, school trustees, paupers, paralytics, the insane, 
ministers of the Gospel actually in charge of a congregation, teachers employed 
in public schools, persons permanently disabled in the military service of this 
State and students who may be attending- any school or college at the time 
when the commutation tax herein provided for shall become due. 

1942 Code § 4580; 1932 Code § 4580; Civ. C. '22 § 2992; 1912 (27) 855; 19-13 (28) 32. 

§ 33-1 172. Collection and expenditure of tax. 

Such taxes shall be paid to the county treasurer at the same time other 

taxes are paid and shall be expended upon the public roads of the count}' as 

nearly as possible in the townships from which it was collected. Said tax 

shall be collected as the poll tax is collected. 

1942 Code § 4581; 1932 Code § 4581; Civ. C. '22 § 2993; Cr. C. '22 § 69S; 1912 (27) 
855; 1913 (28) 32. 

§ 33-1 173. Failure to pay tax a misdemeanor. 

Any failure to pay the road tax shall be a misdemeanor and the offender, 

upon conviction, shall be punished by a fine of not less than five dollars and 

not more than fifty dollars or imprisoned for not more than thirty days. 

1942 Code § 4581; 1932 Code § 4581; Civ. C. '22 § 2993; Cr. C. '22 § 69S; 1912 (27) 
855; 1913 (28) 32. 

Article 22. 

Lexington County. 
§33-1181. Commutation tax. 

All male per: jus in Lexington County between the ages of twenty-one and 
fifty-five, except those exempted, shall pay an annual commutation tax of two 
dollars which shall become due and payable at the same time as other county 
taxes are due and payable, shall be collected by the same officers collecting 
other taxes at the same time and place and shall be credited and spent on the 
section of road from which it is collected. 

1942 Code § 4591; 1932 Code § 4591; 1924 (33) 969; 1934 (38) 1252. 

§33-1182. Exemptions. 

The following persons shall be exempt from the provisions of this article; 
ministers of the Gospel, teachers actively engaged in teaching, students actu- 
ally in attendance upon some school and those persons who are not physically 
able to perform ordinary labor. But no person shall he exempt from the 
provisions hereof on the ground of disability except those who furnish a 
certificate of physical disability signed by a registered physician of Lexington 
County. 

1942 Code § 4592; 1932 Code § 4592; 1924 (33) 969. 

§ 33-1 183. Punishment for failure to pay. 

Any person failing, refusing or neglecting to pay the commutation tax herein 
provided for shall be subject for each failure to do so to a fine of not less than 

116 






§33-1191 Highways, Bridges and Ferries §33-1201 

five dollars nor more than fifteen dollars or imprisonment of not less than five 
days nor more than twenty days, in the discretion of the court. 
1942 Code § 4593; 1932 Code § 4593; 1924 (33) 969. 

Article 23. 

McCormick County. 
§ 33-1191. Road tax. 

All male residents of McCormick County between the ages of eighteen and 
fifty shall pay two dollars each annually as road tax for said county. 

1942 Code § 4637; 1932 Code § 4637; 1923 (33) 65; 1931 (37) 146. 

§33-1192. Collection. 

The road tax shall be collected by the tax collector and shall become due 
and payable on or before the first day of May each year when other taxes 
become due. 

1942 Code § 4638; 1932 Code § 4638; 1923 (33) 65; 1931 (37) 146. 

§33-1193. Use of tax funds. 

The capitation tax received hereunder shall be used by the governing body 
of the county upon the public highways of the county at such places and at 
such times as it may deem necessary. But in the distribution of such fund 
each township shall receive not less than the amount paid in by such township. 

1942 Code § 4640; 1932 Code § 4640; 1923 (33) 65. 

§ 33-1 194. Failure to pay a misdemeanor. 

Any person failing or refusing to pay the tax herein imposed when it shall 
become due shall be guilt}' of a misdemeanor and upon conviction shall be 
punished by a fine of not exceeding ten dollars or imprisonment not exceeding 
ten days within the discretion of the court. The tax collector may compromise 
any case on such terms as he may deem best after warrant is issued and before 
trial. 

1942 Code § 4639; 1932 Code § 4639; Cr. C. '22 § 700; 1923 (33) 65; 1931 (37) 146. 

Article 24. 

Netvberry County. 

§ 33-1201. Election on special township road tax held on petition. 

The county supervisor of Newberry County shall, whenever a petition of one- 
third of the freeholders in any township in the county shall be filed in his 
office praying for the holding of an election on the question of levying a tax 
on the taxable property within such township, in an amount fixed in such peti- 
tion, to be expended on the improvement of the public roads and bridges there- 
in, order an election by giving at least thirty days' notice of the time and place 
of holding it, appoint managers and prepare and furnish at each voting precinct 
a sufficient number of ballots for use in such election in form as follows: "For 

the levy of mills for road improvement — Yes or No." The blank 

117 



§ 33-1202 Code of Laws of South Carolina § 33-1206 

in such ballot form shall be filled in on the ballots as furnished by the man- 
agers with the amount of the proposed levy as fixed in the petition. 
1942 Code § 4660; 1932 Code § 4060; Civ. C. '22 § 1806; 1920 (31) 952. 

§ 33-1202. Voting and returns. 

Those voting in favor of such levy shall deposit a ballot with the word "No" 
erased and those opposed shall deposit a ballot with the word "Yes" erased. 
The managers shall receive and canvass the vote, declare the result of the 
election, file a copy of the result in the office of the clerk of court as a per- 
manent record and furnish a copy to the county auditor. 

1942 Code § 4660; 1932 Code § 4660; Civ. C. '22 § 1806; 1920 (31) 952. 

§ 33-1203. Levy and collection ; expenditure of proceeds. 

In the event a majority of the votes cast at any such election be in favor 
of such levy the county auditor shall enter upon his duplicate the amount 
of such levy on all the property within such township and the county treas- 
urer shall collect such tax as other taxes are collected. The funds so raised 
shall be expended for no other purpose than the improvement of the public 
roads and bridges within such township. 

1942 Code § 4661; 1932 Code § 4661; Civ. C. '22 § 1807; 1920 (31) 952. 

§ 33-1204. Continuance of tax. 

The county auditor and treasurer shall continue to levy and collect such 
tax until, upon a petition and election as herein provided for the levy of such 
tax, it shall be discontinued by a majority vote of the qualified electors of such 
township. 

1942 Code § 4662; 1932 Code § 4662; Civ. C. '22 § 1808; 1920 (31) 952. 

§ 33-1205. Township road commission. 

The funds herein provided for shall be administered and expended by a com- 
mission, who shall be named in the petition praying for the election herein- 
before provided for, to be known as the special township road 

commission. 

1942 Code § 4663; 1932 Code § 4663; Civ. C. '22 § 1809; 1920 (31) 952. 

§ 33-1206. Commutation road tax. 

There shall be levied a tax in Newberry County of one dollar to be known 
as the commutation road tax. The tax shall be placed on the auditor's dupli- 
cate in the same manner as real and personal taxes. All male inhabitants of 
ages twenty-one to fifty years, both inclusive, except ministers of the Gospel 
in actual charge of congregations, teachers employed in the public schools, 
school trustees, persons permanently disabled in performing military duties 
for this State, persons in the military or naval service of the United States 
and students who may be attending any school or college at the time the tax 
hereby imposed shall become due, shall be liable to this tax which shall be 
collected in the same manner as other taxes. All moneys collected for such 

118 



§ 33-1221 Highways, Bridges and Ferries § 33-1224 

commutation tax shall be expended in the township wherein collected as 

directed by the commissioner of such township. 

1942 Code § 4658; 1932 Code § 4658; Civ. C. '22 § 1802; Civ. C. *12 § 2082; 1909 (26) 
132; 1920 (31) 735, 935; 1926 (34) 1012; 1929 (36) 29; 1951 (47) 506. 

Article 25. 

Blank. ' 



Article 26. 

Orangeburg County. 
§ 33-1221. Commutation tax. 

All male persons in Orangeburg County physically able to perform road duty 
between the ages of twenty-one and fifty years, inclusive, except ministers 
of the Gospel actually in charge of congregations and teachers employed in 
the public schools, shall pay to the county treasurer a commutation tax of one 
and one-half dollars on or before the first day of March of each year. On 
payment of the tax the taxpayer shall receive a receipt showing the date, 
amount and purpose for which the tax is paid, such receipt to be signed by 
the person collecting the tax. 

1942 Code § 4721; 1932 Code § 4721; Civ. C. '22 § 1860; 1919 (31) 231; 1938 (40) 1686. 

§ 33-1222. Return and collection of tax. 

All persons liable for the payment of such tax shall report and make return 
thereof to the auditor at the same time and in the same manner that personal 
property is returned for taxation. The auditor shall enter such tax upon the 
regular tax return or upon a special tax return, as. is most convenient to him. 
The county treasurer shall collect the tax as other taxes are collected and 
include it in the receipt of such person for other taxes, when paid. In the 
event that such commutation tax is not paid when due, there shall be added 
thereto a like penalty as is added to other taxes. If such tax is not paid on 
or before the 15th day of March, the tax shall be put into execution as other 
taxes and the person failing to make payment shall be liable to be prosecuted 
in a criminal action as provided by law. 

1942 Code § 4723; 1932 Code § 4723; 1929 (36) 233; 1930 (36) 1295. 

§33-1223. Use of proceeds of tax. 

The commutation tax collected under the provisions of this article shall be 
used by the governing body of the county in the maintenance and repair of 
roads in the county. 

1942 Code § 4723; 1932 Code § 4723; 1929 (36) 233; 1930 (36) 1295. 

§ 33-1224. Failure to pay tax a misdemeanor. 

Any person liable to payment of such road tax who shall fail to make such 
payment shall be guilty of a misdemeanor and upon conviction thereof shall 
be punished by a fine of not less than ten dollars and not more than twenty 
dollars or by imprisonment for not less than ten nor more than thirty days. 

119 



§ 33-1241 Code of Laws of South Carolina § 33-1243 

All fines collected under this section shall go to the road fund of the township 
in which the violation occurs. 

1942 Code § 4722; 1932 Code § 4722; 1927 (35) 266. 

Article 27. 
Richland County. 
§ 33-1241. Road tax. 

All able-bodied male persons from the age of eighteen to fifty years, both 
inclusive, in Richland County shall pay annually one dollar commutation or 
road tax, except ministers of the Gospel actually in charge of a congregation, 
teachers employed in the public schools, school trustees, persons permanently 
disabled in the military service of this State and students who may be attend- 
ing any school or college at the time when the commutation tax herein pro- 
vided for shall become due. 

1942 Code § 4734; 1932 Code § 4734; Civ. C. '22 § 3004; Civ. C. '12 § 2093; 1911 (27) 181. 

§ 33-1242. Returns and lists of taxpayers. 

Every person in said county liable for such road tax shall return himself 
for taxation for such tax to the county auditor between the first day of Janu- 
ary and the 20th day of February and the county auditor shall solicit and 
take such returns. The county auditor shall make out and deliver to the 
township boards of assessors of the townships of said county lists of the names 
of the persons who have returned themselves for taxation for such tax in their 
townships. Such township boards of assessors shall add to such lists the 
names of all persons in their respective townships liable for such tax who 
have not returned themselves to the county auditor. The county auditor in 
each year, on or before the 15th day of October, shall make out and deliver 
a list of the names of all persons liable for road tax in said county who reside 
without the limits of the city of Columbia, alphabetically arranged by town- 
ships, to the county treasurer and at the same time he shall make out and 
deliver a list of the names of all persons liable for road tax in said county who 
reside within the corporate limits of the city of Columbia, alphabetically ar- 
ranged, to the city treasurer of the city of Columbia. The auditor shall add a 
penalty of fifty cents to each person liable for road tax who had not returned 
himself for such tax as herein required. 

1942 Code § 4735; 1932 Code § 4735; Civ. C. '22 § 3005; Cr. C. '22 § 704; Civ. C. '12 
§ 2094; 1911 (27) 181; 1912 (27) 537; 1918 (30) 752. 

§ 33-1243. Collection and disposition of tax. 

The county treasurer shall collect such tax from all persons liable therefor 
who reside in said county without the limits of the city of Columbia and turn 
the sums collected into the road fund for said county. He shall keep a book 
in which shall be recorded by township the names of those paying the tax. 
The treasurer of the city of Columbia shall collect the tax from all persons 
residing within the limits of the city of Columbia and turn the sums collected 
into the fund for permanent street improvements. 

1942 Code § 4736; 1932 Code § 4736; Civ. C. '22 § 3006; Civ. C. '12 §§ 1979, 2095; 1911 

(27) 181; 1918 (30) 752. 

120 



§33-1244 Highways, Bridges and Ferries §33-1253 

§ 33-1244. Payment and expenditure of tax. 

Such tax shall be paid to the county treasurer between the 15th day of 

October and the 31st day of December in each year and shall be expended 

upon the public roads of the county, and as nearly as possible in the township 

from which it was collected. 

1942 Code § 4735; 1932 Code § 4735; Civ. C. '22 § 3005; Cr. C. '22 § 704; Civ. C. '12 
§ 2094; 1911 (27) 181; 1912 (27) 537; 1918 (30) 752. 

§ 33-1245. Failure to pay tax a misdemeanor. 

Failure to pay such road tax shall be a misdemeanor and the offender, 

upon conviction, shall be punished by a fine of not less than five dollars nor 

more than fifty dollars or imprisoned for not more than thirty days. 

1942 Code § 4735; 1932 Code § 4735; Civ. C. '22 § 3005; Cr. C. '22 § 704; Civ. C. '12 
§ 2094; 1911 (27) 181; 1912 {27) 537; 1918 (30) 752. 

Article 28. 
Saluda County. 

§ 33-1251. Election for special road tax for school districts. 

Upon a written petition or request of at least one-fourth of the resident 
electors of any school district in Saluda County and a like proportion of the 
resident freeholders of the age of twenty-one years therein, as shown by the 
tax books of the county, being filed with the governing body of the county 
asking for an election in the school district named therein and stating the rate 
of the tax levy proposed, the governing body of the county shall order the 
board of trustees of such school district to hold an election at some place 
within the school district named by said governing body, after giving notice 
of the time and place thereof for at least two weeks in some newspaper pub- 
lished within the county and by posting the notice thereof in at least three 
public places within the school district for such length of time. In case no 
newspaper is published within the county, then the posting of such notice 
shall be sufficient. The election shall be held on the first Saturday of May 
and thereafter a similar election shall be held on such date in each alternate 
year. In case the trustees for any reason should fail to hold the election on 
such date in any year the governing body of the county may appoint managers 
and have such election held not later than the first day of June in such year. 

1942 Code § 4744: 1932 Code § 4744; Civ. C. '22 § 1879; 1917 (30) 301; 1940 (41) 1623. 

§33-1252. Who entitled to vote. 

At such elections only such electors as reside in such school district, return 
real or personal property for taxation and exhibit their tax receipts and regis- 
tration certificates as required in a general election shall be allowed to vote. 

1942 Code § 4745; 1932 Code § 4745; Civ. C. '22 § 18S0; 1917 (30) 301. 

§ 33-1253. Managers ; appointment and duties. 

For such election the board of trustees shall appoint the managers and in 
case they fail the governing body of the county shall appoint them. The 

121 



§ 33-1254 Code of Laws of South Carolina § 33-1261 

managers shall tabulate the vote, declare the result and file it with the county 
auditor of said county within ten days after such election. 

1942 Code § 4746; 1932 Code § 4746; Civ. C. '22 § 1881; 1917 (30) 301. 

§ 33-1254. Form of ballot. 

At such election each elector favoring the proposed levy shall cast a ballot 

with the words plainly written or printed thereon, "For levy of mills, 

Yes" and each elector opposed to such levy shall cast a ballot with the words 
plainly written or printed thereon, "For levy of mills, No." 

1942 Code § 4747; 1932 Code § 4747; Civ. C. '22 § 1882; 1917 (30) 301; 1940 (41) 1623. 

§ 33-1255. Borrowing money in anticipation of such taxes. 

The school trustees in any of the school districts levying such tax may 
borrow money in anticipation thereof and pledge such tax for its payment. 

1942 Code § 4748; 1932 Code § 4748; Civ. C. '22 § 1883; 1917 (30) 301; 1940 (41) 1623. 

§ 33-1256. Levy and collection of taxes ; disbursement. 

If a majority of the votes cast at such election be in favor of such levy the 
county auditor shall thereafter enter the levy upon his tax duplicate against 
those liable therefor and the county treasurer shall collect it as other taxes are 
collected and keep the proceeds of such levy as a separate fund to be expended 
under the direction of such school trustees and paid out upon warrants drawn 
upon such treasurer by such trustees for road equipment or work upon the 
public roads of the school district for which it is levied. Such levy shall con- 
tinue for the space of two years. 

1942 Code § 4747; 1932 Code § 4747; Civ. C. "22 § 1882; 1917 (30) 301; 1940 (41) 1623. 

§ 33-1257. Governing body to act when school trustees fail. 

The governing body of Saluda County shall act whenever the school trustees 
fail or neglect to act under the provisions of §§ 33-1251 to 33-1256. 

1942 Code § 4749; 1932 Code § 4749; Civ. C. '22 § 1884; 1917 (30) 301; 1940 (41) 1623. 

Article 29. 
Spartanburg County. 

§ 33-1261. Election for township tax for roads. 

Any township in Spartanburg County desiring to levy and collect a one-mill 
tax for the improvement of the public roads in such township may file with 
the county supervisor a petition, signed by one-fourth of the qualified electors 
of such township, praying for an election. The supervisor shall thereupon or- 
der an election to be held in such township at such time as the supervisor may 
fix. The election shall be held at the usual voting precincts in the township 
and conducted under the laws and regulations governing general elections. 
At least thirty days' notice of such election shall be given by publication 
in some newspaper published in the county. The governing body of the county 

122 



§ 33-1262 Highways, Bridges and Ferries § 33-1264 

shall appoint managers to conduct the election, canvas the vote, declare the 

result and report the result to the county auditor. 

1942 Code § 4759; 1932 Code §§ 4759, 4760; Civ. C. '22 §§ 1890, 1891; 1914 (28) 760; 
1934 (38) 1577. * 

§ 33-1262. Levy and collection of such tax ; disbursement of proceeds. 

If a majority of the qualified electors of such township shall vote in favor 
of the levy of a one-mill tax the county auditor shall enter such levy upon the 
tax duplicates and the county treasurer shall collect it and pay it out subject 
to the provisions of this section. In such case the proceeds of such tax shall 
be held by the county treasurer, subject to the warrant of the county super- 
visor, and shall be expended for the improvement of roads under the super- 
vision and control of the supervisor, in the township in which the tax was 
levied. 

1942 Code § 4759; 1932 Code §§ 4759, 4760; Civ. C. '22 §§ 1890, 1891; 1914 (28) 760; 
1934 (38) 1577. 

§ 33-1263. Commutation tax. 

All able-bodied male persons from the age of twenty-one to fifty years, both 
inclusive, in Spartanburg County, except residents of incorporated cities and 
towns, shall pay annually one dollar as a road tax, except ministers of the 
Gospel actually in charge of a congregation, teachers employed in public 
schools, school trustees, persons permanently disabled in the military service 
of this State and students who may be attending any school or college at the 
time when the road tax herein provided for shall become due. Any of the 
persons comprehended in this section who shall claim such disability as would 
take them out of the class hereinabove denominated "able-bodied" shall be 
permitted to show that fact by a certificate of at least two reputable physicians 
practicing in the county, actually furnished at or after the making of re- 
turns or the listing for the tax as herein provided and such showing shall 
be conclusive of the exemption of such person by reason of such disability 
from the operation of this section. 

1942 Code § 4771; 1932 Code § 4771; Civ. C. '22 § 1903; 1912 (27) 846. 

§ 33-1264. Returns and lists of taxpayers. 

Every person in said county liable for road tax shall return himself for taxa- 
tion for such tax to the county auditor in each calendar year between the 
first day of January and the 20th day of February and the county auditor shall 
solicit and take such returns and shall make out and deliver to the township 
assessors of the several townships of said county lists of the names of the 
persons who have returned themselves for taxation for such tax in their town- 
ships. The township assessors and the county supervisor shall add to such 
lists the names of all persons in their county liable for such tax who have 
not returned themselves to the county auditor and such lists shall be returned 
promptly to the county auditor. The county auditor in each year, on or 
before the 15th day of October, shall make out and deliver a list of the names 

123 



§33-1265 Code of Laws of South Carolina §33-1281 

of all persons liable for road tax in said county, alphabetically arranged by 
townships, to the county treasurer. 

1942 Code §4773; 1932 Code § 4773; Civ. C. '22 § 1905; 1912 (27) 846. 

§33-1265. Treasurer to collect tax. 

The county treasurer shall collect such tax and turn it into the road fund 
for said county and he shall keep a book in which shall be recorded by town- 
ships the names of those paying such commutation or road tax. 

1942 Code § 4774; 1932 Code § 4774; Civ. C. '22 § 1900; 1912 (27) 846. 

§ 33-1266. Payment and expenditure of tax. 

All persons who are required to pay such road tax shall pay it to the county 
treasurer between the 15th of October and the 15th day of March in each and 
every year and it shall be expended upon the public roads of said county. 

1942 Code § 4772; 1932 Code § 4772; Civ. C. '22 § 1904; Cr. C. '22 § 705; 1912 {27) 846. 

§ 33-1267. Failure to pay a misdemeanor. 

Any failure to pa}* such road tax shall be a misdemeanor and the offender, 
upon conviction, shall be punished by a fine of not less than five dollars nor 
more than twenty-five dollars or imprisonment for not more than thirty days. 
Out of such fine the magistrate shall be allowed to retain two dollars as com- 
pensation for his services in the proceeding and the constable serving the war- 
rant one dollar. The same process and proceedings shall be had and taken 
as in cases of default in payment of poll tax. 

1942 Code § 4772; 1932 Code § 4772; Civ. C. '22 § 1904; Cr. C. '22 § 705; 1912 (27) 846. 

Article 30. 

Sumter County. 

§ 33-1271. Road tax. 

All able-bodied male persons in Sumter County from the age of twenty-one 

to fifty years, both inclusive, except ministers of the Gospel actually in charge 

of a congregation, teachers employed in public schools, school trustees and 

students who may be attending any school or college when the tax herein 

imposed may become due, shall pay annually a commutation road tax of 

two dollars in lieu of labor on public roads, such tax to be paid at the same 

time and collected as other taxes. 

1942 Code § 4806; 1932 Code 5 4806; Civ. C. '22 § 3007; 1920 (31) 1048, 1064; 1924 
(33) 115; 1934 (38) 1379; 1951 (47) 506. 

Article 31. 

Union County. 

§33-1281. Commutation road tax. 

There shall be collected annually the sum of one dollar as commutation tax 
in Union County from every male person from the age of twenty-one to fifty 
years, both inclusive, able to perform labor on the highways. Such sum 

124 



§ 33-1281.1 Highways, Bridges and Ferries § 33-1292 

shall be collected by the count}- treasurer at the same time and in the same 
manner as the poll tax is due and payable. 
1942 Code § 4831; 1932 Code § 4831; Civ. C. '22 § 1950; 1920 (31) 9S1 ;J933 (38) 12. 

§33-1281.1. Exemptions from tax. 

The following persons shall be exempt from such tax: ministers of the 

Gospel in actual charge of congregations, teachers employed in the public 

schools, school trustees, persons permanently disabled in the military duties 

of the State and all students who may be attending any school or college at 

the time when the commutation tax provided for shall become due. 

1942 Code § 5861; 1932 Code § 5861; Civ. C. '22 § 2952; Civ. C. '12 § 1976; 1911 (27) 
181; 1912 (27) 582, 842, 844; 1913 (28) 32; 1940 (41) 1623. 

§ 33-1282. Payment and expenditure of tax. 

All persons who are liable to such road duty tax shall pay such tax to the 
county treasurer at the same time other taxes are paid. The proceeds of the 
tax shall be expended upon the public roads of the several townships from 
which they are collected. The tax shall be collected as poll tax is now col- 
lected. 

1942 Code § 4832; 1932 Code § 4832; Cr. C. '22 § 706; Civ. C. '12 §§ 1121, 2112; 1908 
(25) 1191; 1909 (26) 138; 1913 (28) 39; 1916 (29) 868; 1919 (31) 196; 1920 (31) 981; 
1933 (38) 12. 

§ 33-1283. Failure to pay a misdemeanor. 

Any failure to pay the road tax shall be a misdemeanor and the offender, 

upon conviction, shall be punished by a fine of not less than five dollars nor 

more than fifty dollars or imprisonment for not more than thirty days. 

1942 Code § 4832; 1932 Code § 4832; Cr. C. '22 § 706; Civ. C. '12 §§ 1121, 2112; 1908 
(25) 1191; 1909 (26) 138; 1913 (28) 39; 1916 (29) 868; 1919 (31) 196; 1920 (31) 981; 
1933 (38) 12. 

Article 32. 

Williamsburg County. 

§ 33-1291. Townships may vote special tax. 

Each township in Williamsburg County may for the purpose of further 

development of roads vote upon itself a special tax to be so used, such tax 

to be placed with the funds of such township. 

1942 Code § 4892; 1932 Code § 4892; Civ. C. '22 § 2012; 1912 (27) 540; 1916 (29) 868; 
1919 (31) 196. 

§ 33-1292. Disposition of proceeds of road levy ; bridge fund. 

The road tax levied in each township of Williamsburg County shall be used 

only in the maintenance of roads in the township from which it is derived. 

But the tax derived from railroads and telephone and telegraph companies 

shall go into a general bridge fund and be used for such purpose except that 

any unexpended balance of the bridge fund shall be equally divided among the 

townships of the county. 

1942 Code § 4886; 1932 Code § 4SS6; Civ. C. '22 § 2007; Civ. C. '12 § 2102; 1908 (25) 
1193; 1912 {27) 540; 1916 (29) 868; 1919 (31) 196. 

125 



§ 33-1293 Code of Laws of South Carolina § 33-1296 

§ 33-1293. Commutation or road tax. 

All able-bodied male persons from the age of twenty-one to sixty years, both 

inclusive, in Williamsburg County shall pay annually a two-dollar commutation 

or road tax, except such persons who by statute are now exempt from poll tax. 

Taxes so derived shall be used only in the township from which they came. 

1942 Code § 4887; 1932 Code § 4887; Civ. C. '22 § 2008; Civ. C. '12 §§ 1121, 2111; 1908 
(25) 1191; 1909 (26) 138. 

§ 33-1294. Payment and expenditure of tax. 

All persons who are liable to such road tax shall pay such tax to the county 

treasurer at the same time as other taxes are paid and the proceeds of such 

tax shall be expended upon the public roads of the township from which they 

are collected. Such tax shall be collected as the poll tax is collected. 

1942 Code § 4888; 1932 Code § 4888; Civ. C. '22 § 2009; Civ. C. '12 §§ 1121, 2112; 1908 
(25) 1191; 1909 (26) 138; 1913 (28) 39; 1916 (29) 868; 1919 (31) 196. 

§ 33-1295. Collection of road tax in towns. 

In incorporated towns in said county the town authorities shall receive, 
collect and receipt for all commutation road taxes within the incorporated 
limits of the respective towns of the county, except Lanes, Trio and Greeley- 
ville. The county auditor shall, on or before the 15th day of October in each 
year, make out and deliver to the town treasurers of the respective incorporated 
towns in the county a list of the names of all persons liable for commutation 
road tax in the respective limits of such towns. 

1942 Code § 4889; 1932 Code § 4889; 1924 (33) 1097. 

§ 33-1296. Failure to pay a misdemeanor. 

Any failure to pay such road tax shall be a misdemeanor and the offender, 

upon conviction, shall be punished by a fine of not less than five dollars nor 

more than fifty dollars or imprisonment for not more than thirty days. 

1942 Code § 4888; 1932 Code § 4888; Civ. C. '22 § 2009; Civ. C. '12 §§ 1121, 2112; 1908 
(25) 1191; 1909 (26) 138; 1913 (28) 39; 1916 (29) 868; 1919 (31) 196. 



CHAPTER 12. 

Paving Districts in Counties with City of 70,000. 

Sec. Sec. 

33-1351. In what counties districts may be 33-1359. Effect of election. 

established. 33-1360. Issue of bonds. 

33-1352. How established; commission. 33-1361. Terms of bonds. 

33-1353. Terms, vacancies, officers. 33-1362. Execution; designation. 

33-1354. Name of district and commission. 33 _ U63 Sa|e of bonds . 

33-1355. Order for election on tax levy to „„ ,,^, T , , 

c 33-1364. Levy of tax. 

pay tor paving. J 

33-1356. When election held and notice 33-1365. Credit of county pledged; increase 

thereof. m lev y- 

33-1357. Boxes and managers; ballots; how 33-1366. Payment of bonds. 

voted. 33-1367. How proceeds of bond issue paid 
33-1358. Declaration of result; contest. out. 

125 



§33-1351 Highways, Bridges and Ferries §33-1352 

Sec. Sec. 

33-1368. Use of proceeds of bond issue. 33-1371. Bids and contracts for construc- 

33-11369. Powers of county governing tion. 

body. 33-1372. Records of county governing body. 

33-1370. Eminent domain. 

§ 33-1351. In what counties districts may be established. 

In all counties in this State containing a city having a population of more 
than 70,000 according to the most recent official United States census paving 
districts may be created and established in the manner, for the purposes and 
with the powers and duties provided in this chapter. 

1942 (42) 1693. 

§ 33-1352. How established ; commission. 

Any area in any such county which contains unimproved roads and streets 
aggregating not less than one-half mile and not more than ten miles may be 
constituted, created and established a paving district, in the following man- 
ner: 

(1) A petition signed by a majority in number of the owners of record of 
the property lying within the area proposed to be included in the district 
shall be filed with the governing body of the county. The petition shall con- 
tain a brief statement requesting that the area be constituted a paving dis- 
trict and giving the boundaries of the same and the type of paving desired 
and requesting that a special election be held in such paving district to vote 
upon the question whether an ad valorem tax shall be levied upon the property 
in the proposed paving district to provide a special fund to repay the cost of 
improving and paving the streets and roadways in the proposed paving dis- 
trict. 

(2) Upon the filing of such petition, the governing body of the county shall 
cause a survey and plat to be made of the proposed paving district and shall 
obtain estimates of the cost of improving and paving the streets and roadways 
which it is proposed to improve and pave in the district and, from such esti- 
mates, shall determine the approximate cost of such paving. The estimates 
and plat shall be filed with the governing body of the county. 

(3) Within thirty days after the filing of the petition with the governing 
body of the county, the governing body shall hold a meeting to consider the 
petition and if the governing body shall, in its judgment, determine that the 
public interest would be promoted by the paving of the streets and roadways 
in the proposed paving district, it shall adopt a resolution approving the peti- 
tion ; or if, in its judgment, it should determine that the public interest would 
not be promoted by paving such streets and roadways, it shall adopt a resolu- 
tion disapproving the petition. If the governing body of the county shall 
disapprove of the petition the proposed paving district shall not be created. 

(4) Upon the adoption by the governing body of the county of a resolution 
approving the petition, the governing body shall forthwith transmit a certified 
copy of such resolution to the Governor of the State, who shall thereupon, 
upon the recommendation of a majority of the legislative delegation of such 
county, appoint three qualified electors or owners of record of property 

127 



§ 33-1353 Code of Laws of South Carolina § 33-1356 

residing in the proposed paving- district who shall constitute the paving district 
commission of the district. 

(5) Upon the appointment of the three commissioners by the Governor he 
shall forthwith file a notice of such appointment with the Secretary of State 
and from the time of the filing of such notice such paving district shall be cre- 
ated and shall constitute a body politic and corporate with perpetual succes- 
sion and shall exercise and enjoy all the rights, privileges and immunities of 
such and be subject to the rules and regulations herein imposed. 

1942 (42) 1693. 

§ 33-1353. Terms, vacancies, officers. 

The terms of office of the commissioners so appointed shall be three years, 
two years and one year, respectively, from the date of their appointment and 
until their successors, who shall be appointed in like manner, shall have been 
appointed and qualified. They shall elect one of their number as chairman and 
one as secretary. In the event of a vacancy in the commission by reason of 
death, resignation or otherwise, such vacancy shall be filled for the unexpired 
term in the manner of the original appointment. 

1942 (42) 1693. 

§ 33-1354. Name of district and commission. 

Each district shall be known as the " Paving District of 

County," the words "Paving District of" to be preceded by a 

suitable proper name selected by the governing body of the county and to be 
followed by the name of the county in which the proposed paving district 
is located. And the commission shall likewise be designated by the same name 
with the word "Commission" inserted between the words "District" and 
"of." 

1942 (42) 1693. 

§ 33-1355. Order for election on tax levy to pay for paving. 

Within ninety days after the creation of any such paving district the gov- 
erning body of the county shall cause an election to be held in such district 
at which shall be submitted to the qualified electors in the district the question 
whether the county auditor shall levy and the county treasurer shall collect 
an annual levy of taxes within the district, the number of mills thereof to be 
determined by the county auditor and stated in the resolution of the govern- 
ing body of the county ordering the election, to raise a special fund sufficient 
over a period of years not in excess of twenty years to repay the cost of 
paving the streets and roadways in the district, but not less than the amount 
required to pay the principal of, and interest on, any county bonds issued under 
the provisions of this chapter to finance such paving. 

1942 (42) 1693. 

§ 33-1356. When election held and notice thereof. 

The election shall be held on such date within ninety days from the creation 
of the paving district and at such place or places within the district as may 

128 



§ 33-1357 Highways, Bridges and Ferries § 33-1360 

be designated by the governing body of the county and notice of the election 
shall be given by posting notice thereof in three public places in the district 
at least ten days before the election and by publishing such notice one time 
at least ten days before the election in a newspaper published in the county 
in which the district is located. The notice shall state the time, place or places 
and purpose of the election and the amount of and purpose for which such 
annual levy of taxes is to be imposed upon the taxable property in the district. 
1942 (42) 1693. 

§ 33-1357. Boxes and managers ; ballots ; how voted. 

The governing body of the county shall cause to be provided a box or boxes 
and appoint managers for such election, the polls to open at 8 a. m. and close 
at 6 p. m. The form of the ballots shall have written or printed thereon the 
words "For Paving Levy — Against Paving Levy." Those voting in favor 
of the annual levy of taxes shall scratch the words "Against Paving Levy" and 
those voting against the annual levy of taxes shall scratch the words "For 
Paving Levy." 

1942 (42) 1693. 

§ 33-1358. Declaration of result ; contest. 

On closing the polls the managers shall count the ballots and shall make 
returns of the results of the election with the original ballots cast and the 
tally sheets to the governing body of the county who shall declare the result 
of the election. The validity of the election and correctness of the deter- 
mination of the results thereof bv the governing body of the county shall not 
be open to question in any court except in a suit or proceeding commenced 
within thirty days after the date of the election. 

1942 (42) 1693. 

§ 33-1359. Effect of election. 

If it shall be determined by the governing body of the county that a majority 
of the legal votes cast in the election have been cast in favor of such an an- 
nual levy of taxes, the governing body of the county may issue bonds to 
defray the cost of the paving in the district, as provided in § 33-1360 and may 
direct the imposition of such annual levy of taxes in the district as provided in 
§ 33-1364. But if it be determined that a majority of the votes are opposed to 
such annual levy of taxes no bonds may be issued under § 33-1360 and such 
annual levy of taxes shall not be imposed. 

1942 (42) 1693. 

§33-1360. Issue of bonds. 

Not less than thirty days after an election in which a majority of the legal 
votes cast shall be in favor of the proposed annual levy of taxes the governing 
body of the county may issue negotiable coupon bonds of the county in an 
amount not exceeding the approximate cost of the proposed paving as deter- 
mined by the governing body of the county as hereinabove provided. Such 
[4 SC Code]— 9 129 



§ 33-1361 Code of Laws of South Carolina § 33-1364 

bonds may be issued either as a single issue or from time to time in separate 
issues as the governing body of the county may determine to be advisable. 
1942 (42) 1693. 

§33-1361. Terms of bonds. 

Each issue of bends herein authorized shall mature at such time or times 
as the governing body of the county may determine, but in any event not 
more than twenty years from the date of issuance, shall bear such date and 
rate or rates of interest, shall be in such denominations and shall be payable 
annually or semiannually, in such manner and at such place or places, as the 
governing body of the county may provide in the resolution or resolutions au- 
thorizing the issuance of the same. 

1942 (42) 1693. 

§ 33-1362. Execution; designation. 

The bonds shall be executed in the name of the county in which the paving 
district is located by the chairman or the vice chairman of the governing 
body of the county and by the treasurer of the county and the official seal 
of the county shall be fixed to and impressed upon each of the bonds. The 
coupons attached to the bonds need not be authenticated otherwise than by 
the facsimile signature of the county treasurer. The bonds shall be desig- 
nated as County Paving Bonds. 

1942 (42) 1693. 

§ 33-1363. Sale of bonds. 

The bonds shall be sold by the governing body of the county at not less 
than par and accrued interest on sealed proposals after a publication of notice 
of sale one or more times in a newspaper designated by the governing body. 
The governing body shall reserve the right to reject all bids. In the event 
that all bids be rejected it shall have the right to sell the bonds at private sale 
if a price in excess of the highest bid received in pursuance of the call for 
bids is obtainable or, in its discretion, to readvertisc for sealed bids. 

1942 (42) 1693. 

§ 33-1364. Levy of tax. 

Upon the issuance by the governing body of the county of bonds under this 
chapter such governing body shall forthwith direct the county auditor in 
writing to impose annually thereafter in the district the number of mills of 
the annual levy of taxes voted on in the election held under § 33-1355 and the 
county auditor, pursuant to such written direction, shall annually thereafter 
levy such number of mills on the dollar on all taxable property in the district 
until such levy shall have produced an amount equal to the amount required 
to retire the interest and principal of the bonds, the proceeds of which lev)' 
shall be placed by the count)- treasurer, when collected, in a special fund 
arid used as herein provided. 

1942 (42) 1693. 

130 [4SCCode] 



§ 33-1365 Highways, P.ridges and Ferries § 33-1269 

§ 33-1365. Credit of county pledged ; increase in levy. 

For the payment of the bonds, both principal and interest, as they may 
mature, there shall be pledged the full faith, credit and taxing power of the 
county issuing the same and, until the principal and interest of any bonds 
issued under this chapter shall be fully paid, if the levy provided for by 
§ 33-1364 shall be insufficient for the purpose, there shall be levied annually 
by the county auditor on all taxable property in the paving district and 
collected by the county treasurer thereof an additional sum sufficient to pro- 
vide the amount necessary to pay such interest as it becomes due and to 
provide a sinking fund to pay such principal at the date or dates of maturity 
thereof, after the application to such purpose by the county treasurer of any 
moneys in said special fund. Such annual tax shall be levied and collected by 
the same officers and in the same manner as is now provided by law for the 
levy and collection of taxes for county purposes in the county. The money so 
collected shall be applied by and under the direction of the county treasurer 
to the payment of the principal and interest aforesaid, as they respectively 
become due, and pending such application such money shall be deposited 
or invested by or under the direction of the county treasurer. 

1942 (42) 1693. 

§ 33-1366. Payment of bonds. 

The bonds issued hereunder to finance the paving in a paving district 
created pursuant to this chapter shall be paid by the county treasurer, both 
interest and principal, from the special fund made up of the proceeds of the 
annual levy of taxes in such district. 

1942 (42) 1693. 

§ 33-1367. How proceeds of bond issue paid out. 

The proceeds of the sale of bonds as provided by this chapter shall be kept 
by the county treasurer as a separate fund and shall be paid out only under 
orders and warrants of the governing body of the county for the purposes 
specified in this chapter. 

1942 (42) 1693. 

§ 33-1368. Use of proceeds of bond issue. 

The proceeds of the bonds shall be used by the governing body of the 
county, upon the request and recommendation of the paving district commis- 
sion, for procuring, purchasing and leasing all necessary equipment, for pur- 
chasing any necessary materials or supplies, for grading, improving, draining, 
treating and paving unpaved roads and streets in the paving district and for 
any other expenses legitimately connected with organizing and operating 
the paving district. 

1942 (42) 1693. 

§ 33-1369. Powers of county governing body. 

After the issuance of bonds to finance paving in any paving district created 
under this chapter and from the proceeds thereof, the governing body of 

131 



§33-1370 Code of Laws of South Carolina §33-1371 

the count}', upon the request and recommendation of the paving district com- 
mission, may : 

(1) Procure by purchase, lease, loan or otherwise any necessary equipment 
and acquire by purchase or otherwise any necessary materials and supplies 
to grade, improve, drain and pave, with such materials and in such manner 
as in its discretion is for the best interest of the district, having due regard 
to the use reasonably to he expected, any and all unpaved streets and roads 
in such district ; 

(2) Purchase, lease, hold and sell such real estate and easements as it 
may deem necessary ; 

(3) Accept gifts and grants and make such contracts in relation to the 
same as may be proper and necessary ; 

(4) Make any and all contracts that it may deem necessary to carry 
out the provisions of this chapter ; 

(5) Employ such engineering, office and clerical help and other employees 
as it may deem necessary and fix the compensation of such employees ; 

(6) Enter into contracts, arrangements or agreements with the sanitary 
and drainage commission of such county or such other public or ^/w^'-public 
bodies, authorities, commissions or officers, one, more or all, for the mainte- 
nance and upkeep of such streets and roads and for the carrying out of any 
of the purposes of this chapter or the performance of any of the matters and 
things herein authorized and give such sanitary and drainage commission of 
such county or such other public or q/<a.?/-public bodies, authorities, commis- 
sions or officers, one, more or all, such authority in the paving district to work 
any of the streets in the same as may be necessary to enable such work to be 
done ; and 

(7) In general do all things necessary and proper for the purpose of pro- 
viding for the paving, grading, improving or treatment of any or all of the 
streets and roads in the paving district as may in its judgment be to the 
best interest of the paving district. 

1942 (42) 1693. 

§ 33-1370. Eminent domain. 

The governing body of the county may, in order to carry out the purposes 
of this chapter, condemn for such purpose land, rights of way and easements, 
whether the same be owned by private corporations or individuals, such right 
of condemnation to be exercised in the same manner as is now prescribed 
for condemnation of rights of way by counties under §§ 33-811 and 33-S33 to 
33-840. 

1942 (42) 1693. 

§ 33-1371. Bids and contracts for construction. 

The governing bod)- of the county shall advertise for bids for at least thirty 
days in one or more newspapers published in the county in which the paving 
district is located for all work to be done and the material to be used in con- 
structing, grading, treating and paving any streets or roadways in the paving 
district and for equipment to be used in connection therewith, with the right 

132 



§33-1372 



Highways, Bridges and Fekries 



§33-1372 



reserved to reject any and all bids, and shall enter into contracts with the 
lowest responsible bidder therefor and secure competent persons, if deemed 
advisable, to superintend the work and to counsel and advise in all matters re- 
lating thereto. 
1942 (42) 1693. 

§ 33-1372. Records of county governing body. 

The governing body of the county shall keep a separate permanent record 
as to each such paving district of its proceedings, contracts and other matters 
done and performed by it, including an accurate plan of the work done and 
all moneys and funds received and disbursed by it. Each such separate perma- 
nent record shall be open at all times to the inspection of any resident or free- 
holder of the paving district. 

1942 (42) 1693. 



CHAPTER 13. 
Special Provisions for Particular Counties. 



Article 1. 

Abbeville County. 

Sec. 

33-1401. County road engineer. 
33-1402. Blank. 

33-1403. Use of traction engines on high- 
ways or bridges. 

Article 2. 

Aiken County. 

33-1411. Apportionment and expenditure of 

road and bridge funds. 
33-1412. Road fund. 
33-1413. Receipt of road funds. 

Article 3. 

Allendale County. 

33-1421. Apportionment of county road 

fund. 
33-1422. Road fund. 

Article 4. 
Anderson County. 

33-1431. District commissioners to super- 
vise road work. 

33-1432. Operation of traction engines 
across public bridges. 

Article 5. 

Barnwell County. 

33-1441. Road districts. 
33-1442. Road repairs. 



Article 6. 
Beaufort County. 



Sec. 

33-1451. 
33-1452. 



Supervisor of roads. 

Abandonment of public roads upon 
request of contiguous land own- 
ers. 
33-1453. Use of tractors on highways. 

Article 7. 
Charleston County. 

33-1461. Power of governing body over 
ferries. 

33-1462. Required approval of development 
plans. 

33-1463. Condemnation; exchange with rail- 
road company. 

33-1464. Condemnation of road building ma- 
terial. 

33-1465. Blank. 

33-1466. Conveyance of abandoned high- 
way. 

33-1467. Conveyances of rights of way, 
roads or bridges. 

33-1468. Regulation of lighted signs or ad- 
vertisements. 

33-1469. Drainage pipes. 

33-1470. Penalty for violating certain sec- 
tions. 

Article 8. 

Cherokee County. 

33-1481. Work to be done on roads; appro- 
priations not to be exceeded. 



133 



Code of Laws of South Carolina 



Sec. 

33-1482. Authority of supervisor and in- 
dividual members of governing 
body. 

33-1-183. Maintenance of roads. 

33-1-184. Expenditure of road funds. 

33-1485. Expenditure of bridge fund. 

33-1486. Townships to bear pro rata of ex- 
penses of road building therein. 

33-1487. Funds to which §§ 33-1484 to 33- 
1486 do not apply. 

33-14*8 to 33-1491. Blank. 

33-1492. Disbursement of maintenance 
funds. 

33-1493. Reports. 

33-1494. Township road elections. 

33-1495. Form of ballot. 

33-1496. Township highway commissioners. 

33-1497. Term of commissioners. 

33-1498. Bond of commissioners. 

33-1499. Organization of commission 

33-1500. Compensation of township 
way commission. 

33-1501. Vacancies. 

33-1502. Terms of bonds. 

33-1503. Bonds exempt from taxation. 

33-1504. Sale of bonds. 

33-1505. Deposit of funds. 

33-1506. Use of funds; employment of en- 
gineer. 

33-1507. Cooperation with other road work. 

33-1508. Acquisition of rights of way. 

33-1509. Contracts for work. 

33-1510. Width and grade of roads. 

33-1511. Tax levy. 

33-1512. Disposition of tax levy. 

33-1513. Blank. 

33-1514. Maintenance of roads; tax there- 
for; use of portions of bond issue 
therefor. 

33-1515. Defeat of proposed bond issue; 
subsequent elections. 

Article 9. 
Chester County. 
33-1521. Supervisor of roads. 
33-1522. Compensation and bond of super- 
visor. 
33-1523. Supervisor to hire and discharge 
employees. 

Article 10. 

Chesterfield County. 

33-1531. Contracts between county and 

State Highway Commission. 
33-1532. Same; bond not required; execu- 
tion of contract. 



Sec. 

33-1551. 
33-1552. 
33-1553. 

33-1554. 



33-1555. 



33-1556. 

33-1557. 
33-1558. 
33-1559. 



high- 33-1560. 



33-1571. 
33-1572. 
33-1573. 

33-1574. 
33-1575. 
33-1576. 

33-1577. 
33-1578. 
33-1579. 
33-1579. 
33-1579. 
33-1579. 
33-1579 



Article 12. 
Colleton County. 



Supervision of road work. 

Road gangs. 

Contracts for road work; inspec- 
tion prerequisite to payment. 

Loans from Federal Government 
to finance construction of State 
highways. 

Reimbursement agreement with 
State Highway Commission pre- 
requisite to loan. 

Commission to supply funds; 
pledge thereof. 

Maturities of Federal loans. 

Payment of loans. 

Effect on certain previous acts of 
§§ 33-1554 to 33-1560. 

"Highway" defined; highways to 
construct. 

Article 13. 
Dillon County. 

Supervisor of roads. 

Vacancy in office. 

Road districts; road commission- 
ers. 

Accounts of township road funds. 

Bridge fund. 

Dillon County highway commis- 
sion; appointment and term. 

Same; oath and bond. 

Same: salary and mileage. 

Same; vacancies; removal. 

meetings. 



33-1579.5 

33-1579. 
33-1579 



Article 11. 

Clarendon County. 
33-1541. Inspection prior to payment 
claims over ten dollars. 



1. Same; chairman; 

2. Same; clerk. 

3. Same; general superintendent. 

4. Same; salaries of employees; 
source of all salary payments. 

Same; highways to be con- 
structed. 

6. Same; receipt and use of funds. 

7. Same; deposit and expenditure of 
funds. 

Article 14. 
Dorchester County. 

33-1581. Contract with State Highway De- 
partment for maintenance of 
roads and bridges. 

33-1582. County may sell equipment, sup- 
plies and materials to Depart- 
ment. 

33-15S2.1. State Highway Department not 
responsible for damages due to 
of such construction. 

33-15S3. Townships may issue bonds. 

134 



Highways, Bridges and Ferries 



Sec. 

33-1584. Election on bond issue. 

33-1585. Ballots. 

33-15S6. Execution of bonds. 

33-15S7. Issue and terms of bonds. 

33-1588. Township road improvement com- 
mission. 

33-1589. Requirements of candidates; oath 
of members. 

33-1590. Bond of members. 

33-1591. Compensation of commissioners; 
term; successors. 

33-1592. Tax levies; application of proceeds. 

33-1593. Disposition of commutation taxes 
in township issuing bonds. 

33-1594. Any township a unit. 

Article 15. 

Edgefield County. 

33-1601. Contracts for maintenance; hire of 
road force. 

Article 16. 
Fairfield County. 

33-1611. Powers of supervisor. 

33-1612. Maintenance under supervisor; 
assistants. 

33-1613. Road districts; use of funds. 

33-1614. Road scrape gang for each district. 

33-1615. Roads to be divided into sections. 

33-1616. Bids for maintenance by contract. 

33-1617. Duration of contracts; conditions. 

33-1618. Duty of attorney; bond on con- 
tracts. 

33-1619. Roads may be worked by hired 
labor or under contracts. 

33-1620. Supervisor to inspect roads; ex- 
pense allowance. 

33-1621. Road fund. 

33-1622. License required for hauling for 
hire with team. 

33-1623. Issue of highway bonds by town- 
ships. 

33-1624. Conduct of elections. 

33-1625. Sale of bonds. 

33-1626. Terms of bonds; execution. 

33-1627. Custody and disbursement of bond 
funds. 

33-1628. Township highway commissioners. 

33-1629. Township engineers. 

33-1630. Joint commissions. 

33-1631. General duties of commissions. 

33-1632. Contracts for improvement of road 
sections. 

33-1633. Improvement by hired labor. 

33-1634. Maintenance of roads improved. 

33-1635. Power of condemnation. 

33-1636. Disbursements. 

33-1637. Use of bond funds for inter-town- 
ship highways. 



Sec. 

33-1638. Tax for interest and sinking fund. 

33-1639. Records; reports. 

33-1640. Sinking fund commission. 

33-1641. Annual report of sinking fund com- 
mission. 

33-1642. Special road tax elections in town- 
ships. 

33-1643. Simultaneous election of highway 
commission. 

33-1644. Levy and collection of tax; repeal. 

33-1645. Disbursement of tax funds. 

33-1646. Borrowing in anticipation of tax. 

Article 17. 

Florence County. 

33-1651. Cutting trees and use of soil near 

highways. 
33-1652. Telephone lines on highways. 

Article 18. 

Georgetown County. 

33-1661. Road supervisor. 

33-1662. Contract plan. 

33-1663. Disposition of tolls, etc., derived 

from Waccamaw. 
33-1664. Reports of foremen. 

Article 19. 
Greenville County. 

33-1671. Supervisor to appoint overseers of 
highways. 

33-1672. Duties of overseers. 

33-1673. Overseers to serve without com- 
pensation; may engage in work. 

33-1674. Highways affected. 

33-1675. Construction of cattle underpasses. 

33-1676. Expense of such construction; 
county equipment not to be used. 

Article 20. 

Greenwood County. 

33-1681. The Greenwood Highway Com- 
mission. 

1682. Appointment, term, etc. 

1683. Pay of commissioners. 

1684. General duties of commissioners. 

1685. Agreements with State Highway 

Commission. 
33-1686. Location and relocation of roads; 
condemnation proceedings. 

1687. Selection of roads to be improved. 

1688. Postponement of work. 

1689. Cooperation of supervisor; no ef- 
fect on supervisor's duties. 

1690. Expenditure of highway moneys. 

1691. Payment of claims. 

1692. Rules and regulations of commis- 
sion. 



33- 
33- 
33- 
33- 



33- 
33- 
33- 

33- 
33- 
33- 



135 



Code of Laws of South Carolina 



Sec. 
33-1693. Reports. 
33-1694. Examination of books and records. 



Article 21. 
Hampton County. 

33-1701. Approval of new roads or reloca- 
tion of old roads required. 

33-1702. Method of working roads. 

33-1703. Work under contract or overseer 
plans. 

33-1704. Separate accounts for each town- 
ship. 

33-1705. Work on bridges not to be let out 
by contract. 

33-1706. Material used in small bridges. 

33-1707. Throwing sand in road prohibited. 

33-1708. Penalty for violating certain sec- 
tions. 

Article 22. 
Kershaw County. 

33-1729. Supervisor of road construction, 
Kershaw County. 

33-1730. Duties. 

33-1731. Opening of new roads. 

33-1732. Source of funds; vouchers. 

33-1733. Chain gang superintendent to fur- 
nish equipment and men. 



Article 23. 
Lancaster County. 
33-1741. Authority over highways 



Sec. 
33-1761. 



and 



over 
bridges; maintenance. 

33-1742. Road supervisor. 

33-1743. Blank. 

33-1744. Survey of proposed new route. 

33-1745. Establishment of damages from 
new route. 

33-1746. Appeal to court of common pleas; 
judgment. 

33-1747. Appeal to Supreme Court. 

33-1748. Rights of county pending appeals. 

33-1749. Title required by county. 

33-1750. Blank. 

33-1751. Working public roads not previ- 
ously worked. 

33-1752. Blank. 

33-1753. Use of chain gang or contract 
work for maintenance. 

33-1754. Contracts for maintenance or con- 
struction. 

33-1755. Maintenance of unpaved streets. 

33-1756. Width of permanent roads; 
straightening same. 

33-1757. Blank. 

33-1758. Construction of bridges. 

33-1759. Road funds. 

33-1/O0. Disbursement of road funds. 



Quarterly expenditures not to ex- 
ceed one-fourth annual appropri- 
ations. 



Article 24. 

Laurens County. 

33-1771. Cutting timber near highways. 

Article 25. 

Lexington County. 

Employment of road-builder. 



33 
33 



1781. 
1782. 



33-1783. 



33- 
33 
33- 
33 



91. 
1792. 
1793. 
1794. 



33- 

33- 

33- 

33- 
33- 

33- 

33- 

33- 
33- 
33- 

33- 

33- 

33- 
33- 
33 
33- 



1801. 

1802. 

1803. 

1804. 
1S05. 

1806. 

1807. 

1808. 
1809. 
1810. 

1811. 

1812. 

1813. 
1814. 
1815. 
1S16. 



33-1821. 



Inspections and report of road 

work in districts. 
Closing road bridge or ferry. 

Article 26. 
Marlboro County. 

Highway districts. 

System of county highways. 

Maintenance department. 

Supervisor to watch roads and co- 
operate in prosecuting persons 
damaging them. 

Article 27. 
Newberry County. 

Additional compensation and trans- 
portation for supervisor of roads. 

Bonding of certain highway of- 
ficers. 

Selection of roads for improvement 
or new roads. 

Bids required on contracts. 

Supervisor may employ and dis- 
charge road maintenance forces. 

Employment of unnecessary or in- 
efficient help. 

Employment of foreman and 
hands. 

Foreman given list of hands. 

Blank. 

Protection of bridges against trac- 
tion engines. 

Budget for roads and chain gang. 

Equitable distribution of expendi- 
tures. 

Apportionment of appropriations 
throughout year. 

Work sheets to show work to be 
done. 

Reports of foreman and county 
supervisor. 

Annual inventory of road machin- 
ery, etc. 

Article 28. 
Oconee County. 
Duties of advisory board with re- 
spect to roads. 



136 



§33-1401 



Highways, Bridges and Ferries 



§33-1402 



Article 29. 
Orangeburg County. 
Sec. 

33-1831. Director of maintenance and as- 
sistants. 

33-1832. County roads and township roads. 

33-1833. General powers of commission. 

33-1834. Location and relocation of roads. 

33-1835. Powers of commissioners in their 
several districts. 

33-1836. District lines to be disregarded in 
making expenditures. 

33-1837. Several methods of road building. 

33-1838. Letting of contracts. 

33-1839. Working of chain gang; guards, 
etc.: funds. 

33-1840. Assignment of chain gangs; con- 
trol thereof. 

33-1841. State and Federal aid. 

33-1842. Purpose of article. 

Article 30. 

Richland County. 

33-1851. Changing or giving names to 
streets outside of Columbia. 

Article 31. 

Saluda County. 

33-1861. Road districts. 
33-1862. Closing of roads. 

Article 32. 

Spartanburg County. 

33-1871. Supervisor's authority over high- 
ways. 



Sec. 
33-1872. Supervisor's duties and powers as 

to township roads. 
33-1873. Supervisor may work roads within 

municipalities. 
33-1S74. Cutting timber near highways. 

Article 33. 
Blank 

Article 34. 

Union County. 

33-1902. Apportionment of expenses 
throughout 3 - ear. 

Article 35. 
Williamsburg County. 

33-1911. Disposition of license fees collected 
by clerk of court. 

33-1912. Acceptance of gifts for road pur- 
poses. 

33-1913. Receiving work not in accordance 
with contract. 

Article 36. 

York County. 

33-1921. Supervision of roads. 
33-1922. County engineer and other help. 
33-1923. Purchase of equipment, etc. 
33-1924. Opening new roads or changing 

old roads; condemnation. 
33-1925. Receiving work not in accordance 

with contract. 



Article 1. 
Abbeville County. 

§ 33-1401. County road engineer. 

The governing body of Abbeville County may employ the services of a road 
engineer annually or for such lesser time as it may deem best. Such engi- 
neer shall be a graduate in civil engineering or a man experienced in bridge 
engineering, road engineering, building, repairing and drainage. His salary 
and expenses in no year shall exceed five per cent of the amount provided 
in the county supply act for the maintenance of the chain gang and roads 
and bridges. If such an engineer is employed he shall have general and ex- 
clusive authority in laying out plans and specifications for all bridge, drain- 
age, building and repair work of the county and all such work let to contract 
shall be inspected and approved by him before it is accepted and paid for. 

1942 Code § 3899; 1932 Code § 3899; Civ. C. '22 § 1138; 1916 (29) 841. 



§33-1402. Blank. 



137 



§33-1403 Code of Laws of South Carolina §33-1421 

§ 33-1403. Use of traction engines on highways or bridges. 

Any person using any traction engine on the public highways and bridges 
of Abbeville County shall, when crossing any bridge, place upon the surface 
of such bridge a piece of large timber, not less than two inches thick and 
twelve inches wide on which such engine may roll, so as to protect the bridge 
from injury. Any person who shall violate the provisions of this section 
shall be liable to the county for all damage done to any bridge. 

1942 Code §§ 3901, 3902; 1932 Code §§ 3901, 3902; Civ. C. '22 §§ 1140, 1141; 1913 (2S) 185. 

Article 2. 
Aiken County. 

§33-1411. Apportionment and expenditure of road and bridge funds. 

All funds appropriated under the Aiken County supply act or received 
from whatever source for the construction or maintenance of roads and 
bridges shall be apportioned by the governing body of the county and be 
expended for such purposes according to the needs of the roads and bridges 
in different sections of the county, without reference to any particular com- 
mission district. And any expenditure for any such purpose shall be first 
approved by said governing body. 

1942 Code 5 3903-8; 1941 (42) 131. 

§33-1412. Road fund. 

The road fund of each township in Aiken County shall consist of (a) the 

sum apportioned by the governing body of the county to the township, (b) 

any special local tax in the township for improvement and (c) the portion 

of the general road fund allowed to the township. 

1942 Code § 3920; 1932 Code § 3920; Civ. C. '22 § 1159; Civ. C. '12 § 1013; 190S (25) 
1185; 1913 (28) 134; 1939 (41) 85; 1941 (42) 131. 

§33-1413. Receipt of road funds. 

The governing body of Aiken County shall receive the road fund provided 

by law and shall have power to receipt therefor, whether from the county, 

state or national government. 

1942 Code § 3921; 1932 Code § 3921; Civ. C. '22 § 1160; 1912 (27) 852; 1913 (28) 131; 
1914 (28) 696; 1918 (30) 842; 1920 (31) 1055; 1941 (42) 131. 

Article 3. 

Allendale County. 

§ 33-1421. Apportionment of county road fund. 

The governing body of Allendale County shall apportion the county road 
fund, except the commutation road tax and any other special revenue in any 
tovvnship, among the various townships of the county as nearly as practicable 
in proportion to (a) the assessed property value in each township, (b) the 
number of miles of public county highways in each township, (c) the popu- 
lation of each township and (d) the use required of the public highways in 
each township and it shall assign the road maintenance organization for 

138 



§ 33-1422 Highways, Bridges and Ferries § 33-1432 

work in the respective townships upon the same hasis. It shall keep a 
book showing the assignments of the county road fund in like manner as the 
county superintendent of education is required to keep accounts of school 
funds by districts which shall be at all times accessible to the public. 

1942 Code § 3942; 1932 Code § 3942; 1931 (37) 348; 1936 (39) 1424; 1940 (41) 1S73. 

§33-1422. Road fund. 

The road fund of each township in Allendale County shall consist of (a) 
the sum apportioned by the governing body of the county to each town- 
ship, (b) the commutation tax for such township, (c) any special local tax 
in such township for road improvement and (d) any other portion of the gen- 
eral road fund allotted to the township. 

1942 Code § 3945; 1932 Code § 3945; 1931 (37) 350; 1940 (41) 1873. 

Article 4. 
Anderson County. 

§ 33-1431. District commissioners to supervise road work. 

The commissioners of districts 1, 2, 3 and 4 of Anderson County shall from 
time to time inspect the roads and bridges of their respective districts and 
keep them in good repair and shall from time to time make requisition upon 
the supervisor for such convict labor as each such commissioner deems nec- 
essary to make the proper repairs of the roads and bridges in his district. 
Upon such requisition being made the supervisor shall furnish to the com- 
missioners the labor so required with sufficient guards, together with the 
means of transporting such labor and guards to and from the place of work. 
While in the respective districts the work of such labor and guards shall be 
under the direction and supervision of the commissioner of that district. The 
supervisor shall furnish at all times to each commissioner of said districts 
1, 2, 3 and 4 at least one tractor, two scrapers and one truck, with sufficient 
guards and labor to keep the same in operation, for use in his district. 

1942 Code § 3958; 1938 (40) 1627. 

§ 33-1432. Operation of traction engines across public bridges. 

Any person using or causing to be used any traction engine on or across 
the bridges on the public highways in Anderson County shall in crossing any 
of such bridges place upon the surface of such bridge pieces of timber not less 
than two inches thick and twelve inches wide, on which timbers the engines 
may pass and cross the bridges. Any person who shall violate the provisions 
of this section shall be liable to the county for all damages done to any bridge 
therein. 

1942 Code § 3965; 1932 Code §§ 3965, 3966; Civ. C. '22 §§ 2960, 2961; 1914 (28) 719. 



139 



§ 33-1441 Code of Laws of South Carolina § 33-1452 

Article 5. 

Barnwell County. 
§ 33-1441. Road districts. 

Barnwell County is hereby divided into six road districts as follows : dis- 
trict No. 1 to comprise the township of Barnwell ; district No. 2 to comprise 
the townships of Great Cypress and Georges Creek; district No. 3 to com- 
prise the township of Blackville; district" No. 4 to comprise the townships 
of Williston and Rosemary; district No. 5 to comprise the townships of Rich- 
land and Red Oak; and district No. 6 to comprise the townships of Four 
Mile and Bennett Springs. 

1942 Code § 3991; 1937 (40) 46. 

§ 33-1442. Road repairs. 

The county supervisor of Barnwell County, under the direction of the gov- 
erning body of the county, shall cause all roads and bridges to be worked 
and kept in good repair by a section of the county chain gang. The super- 
visor shall look after all roads and bridges in the different townships in the 
county and have all roads and bridges worked when so directed by the gov- 
erning body of the county, to be paid for by the governing body of the 
county out of the commutation tax fund held by the county treasurer to 
the credit of the township in which such repairs are made. But the governing 
body of the county shall have full control of the chain gang and shall direct 
where and when they shall work. 

1942 Code § 4012; 1932 Code § 4012; Civ. C. '22 § 1225; 1916 (29) 896; 1937 (40) 46. 

Article 6. 
Beaufort County. 

§33-1451. Supervisor of roads. 

The Governor shall appoint a supervisor of roads for Beaufort County 
upon the recommendation of a majority of the county legislative delegation. 
The term of office of such supervisor of roads shall be for the period of four 
years and his salary shall be fixed in the annual county supply act. The 
supervisor of roads shall have charge of organizing and managing the con- 
struction, maintenance and repairs of the roads and bridges of Beaufort County 
under the general supervision of the governing body of the county and shall 
perform such other duties as said governing body shall direct. He shall be 
removed from office by the Governor at any time when so requested by a major- 
ity of the governing body of the county and a majority of the county legislative 
delegation. 

1942 Code § 4023: 1932 Code § 4023; 1922 (32) 1015; 1923 (33) 44; 1929 (36) 51; 1931 
(37) 94; 1933 (38) 248; 1936 (39) 1438; 1944 (43) 2237. 

§ 33-1452. Abandonment of public roads upon request of contiguous land 
owners. 
The governing body of Beaufort County may declare abandoned and close 
any public road in the county, except State highways, only upon a petition 

140 



§ 33-1453 Highways, Bridges and Ferries § 33-1462 

for that purpose being filed with it signed by at least one-third of the owners 
of lands contiguous to such road. Upon the filing of such petition the gov- 
erning body shall give at least ten days' notice of a hearing thereon by post- 
ing in at least three places on such road such notice. Such notice shall also 
state the fact of the filing of a petition, its object, the time and place of the 
hearing and the name and description of the particular road or stretch of 
road to be closed. At such hearing any person owning land on such road, or 
any person owning land to which such road affords a reasonably convenient 
way of travel, shall have the right to be heard in opposition to the closing 
of such road and the governing body of the county shall hear evidence sub- 
mitted on the issue. If it shall appear to the governing body that the closing 
of the road will work no material damage to any of the aforesaid owners of land 
and the continued maintenance of the road will serve no useful purpose the 
road shall be declared abandoned and ordered closed. 

1942 Code § 4034; 1932 Code § 4034; 1929 (36) 724. 

§ 33-1453. Use of tractors on highways. 

It shall be unlawful for any person to use and operate upon the highways 
of Beaufort County any tractor unless such tractor is provided with road bands 
or some other device so as to prevent it from injuring the roads. Any per- 
son violating the provisions of this section shall be guilty of a misdemeanor 
and upon conviction thereof shall be fined not exceeding two hundred dol- 
lars or serve not exceeding three months on the public works of the county. 

1942 Code § 4033; 1932 Code § 4033; 1922 (32) 796. 

Article 7. 

Charleston County. 

§ 33-1461. Power of governing body over ferries. 

The governing body of Charleston County may construct and repair ferries. 

1942 Code § 6147; 1932 Code § 6147; Civ. C. '22 § 3202; Civ. C. '12 § 2275; 1907 (25) 
524; 1915 (29) 249; 1922 (32) 791; 1923 (33) 556; 1926 (34) 955; 1932 (37) 1110; 1938 
(40) 1586. 

§ 33-1462. Required approval of development plans. 

It shall be unlawful for the authorities of Charleston County having the 
control and supervision of the roads in said county to accept or improve as 
public highways in said county any streets or roads opened up unless the plan, 
location and width of such streets or roads have been previously approved 
in writing by the governing body of said county. But the foregoing provi- 
sion shall not apply to streets in incorporated cities or towns nor to streets 
or roads opened or extended in any new subdivision of land for residence, 
business or industrial ilse. 

1942 Code § 6147; 1932 Code 5 6147; Civ. C. '22 § 3202; Civ. C. '12 § 2275; 1907 (25) 
524; 1915 (29) 249; 1922 (32) 791; 1923 (33) 556; 1926 (34) 995; 1932 (37) 1110; 1938 
(40) 1586; 1944 (43) 1172. 

141 



§ 33-1463 Code of Laws of South Carolina § 33-1466 

§ 33-1463. Condemnation ; exchange with railroad company. 

The governing body of Charleston County may, for the purpose of opening 
up a new public road in Charleston County, condemn for and on behalf of 
the county, under the provisions of §§ 33-811 and 33-833 to 33-840, such lands 
as may be necessary therefor and if it appears that the crossing of railroad 
tracks can be avoided or lessened by the exchange with any railroad company 
of the lands, or part thereof, so condemned for rights of way, or parts there- 
of, or lands of such railroad company so that the new public road will be con- 
structed on such rights of way or part thereof and land, or the right of way or 
part thereof of the railroad company, transferred, all or in part, to the lands so 
condemned, Charleston County may make such exchange and the conveyance 
by the county of such lands or part thereof, so condemned, to such railroad 
company shall vest in such railroad company the title thereto and such rail- 
road company may at once enter upon and take possession of such lands 
so condemned and any proceedings contesting the right to so enter upon 
and take possession of such lands shall be brought by the owners or parties 
aggrieved against the county and the damages assessed, if any, shall be 
against the county and not the railroad company, and such damages shall 
be limited solely to the value of the land so taken and any actual damages 
suffered as may be found by the county or jury under the provisions of 
§§ 33-833 to 33-840. 

1942 Code § 4075; 1932 Code § 4075; 1925 (34) 667. 

§ 33-1464. Condemnation of road building material. 

The governing body of Charleston County may, in case it cannot secure 
gravel, soil or other road-building material necessary for the construction 
of roads within said county at reasonable cost, condemn any lands contain- 
ing any such material in the same manner as is provided for the condemna- 
tion of rights of way for railroads and other public utilities. But nothing 
herein shall empower said governing body to condemn gravel, soil or other 
road building materials from lands or rights of way of common carriers or 
railroads. 

1942 Code § 6147; 1932 Code 5 6147; Civ. C. '22 § 3202; Civ. C. '12 § 2275: 1^07 (25) 
524; 1915 (29) 249; 1922 (32) 791; 1923 (33) 556; 1926 (34) 955; 1932 (37) 1110; 1938 
(40) 1586. 

§33-1465. Blank. 

§ 33-1466. Conveyance of abandoned highway. 

Whenever for the purpose of opening up a new highway or improving an 
existing highway land has been acquired by purchase by Charleston County 
and the existing highway or part thereof is abandoned and the condition of 
the acquiring of such property shall be an agreement to exchange the part 
of the highway so abandoned for the property so acquired, the governing 
body of the count}' may carry out such agreement and convey so much of 
such existing highway as may be abandoned, the conveyance to be executed 

142 



§ 33-1467 Highways, Bridges and Ferries § 33-1470 

in the name of the county by the chairman and secretary of the governing 
body of the county under the seal of the county. 

1942 Code § 6147; 1932 Code § 6147; Civ. C. '22 § 3202; Civ. C. '12 § 2275; 1907 (25) 
524; 1915 (29) 249; 1922 (32) 791; 1923 (33) 556; 1926 (34) 955; 1932 (,37) 1110; 1938 
(40) 1586. 

§ 33-1467. Conveyances of rights of way, roads or bridges. 

The governing body of Charleston County may, in its discretion, sell and 
convey any rights of way, roads or bridges standing in the name of the 
county for such purposes and upon such terms as shall be determined by said 
body, such conveyances to be authorized by resolutions of said body and to 
be executed, sealed with the seal of said body and delivered by the chairman 
and secretary thereof. 

1942 (42) 1545. 

§ 33-1468. Regulation of lighted signs or advertisements. 

The governing body of Charleston County shall regulate the brilliancy of 
any electrical or gas light advertisement or display sign within thirty feet 
of any highway or road in Charleston County. The governing body of Charles- 
ton County shall pass suitable regulations preventing the erection and main- 
tenance of any such sign of undue or unusual brilliance. The governing 
body shall also notify in writing by registered mail any person responsible for 
the maintenance and operation of any such sign, light, advertisement or 
display sign, advising them that further maintenance or operation is prohib- 
ited. Continued maintenance and operation of any such sign, light, adver- 
tisement or display sign of undue or unusual brilliancy after notice shall 
be a misdemeanor and punishable as hereinafter provided. 

1942 Code § 4076-1; 1937 (40) 2S5. 

§ 33-1469. Drainage pipes. 

The governing body of Charleston County may pass suitable regulations 
so as to prevent improper or unsuitable drainage pipes being placed along 
the right of way of county roads. Said governing body shall supervise the 
installation and maintenance of drainage pipes placed along the right of way 
of county roads, where entrances to adjoining property may be placed, so 
as to insure at all times adequate drainage facilities along the right of way 
of county highways or roads. The violation of such a regulation by any 
person shall be a misdemeanor and punishable as provided in § 33-1470 if 
it be first affirmatively proved that there was mailed to the person charged 
with a violation of such a regulation, by registered mail, notice of the insuffi- 
ciency of his drainage pipe. 

1942 Code § 4076-1; 1937 (40) 285. 

§ 33-1470. Penalty for violating certain sections. 

Any person violating any of the regulations authorized to be promulgated 
under the provisions of §§ 33-1468 and 33-1469 shall be guilty of a misdemeanor 

143 



§33-1481 Cora or Laws of South Carolina §33-1484 

and, upon conviction, shall be punished by a fine not exceeding one hundred 
dollars or imprisonment for not exceeding ten days. 
1942 Code § 4076-1; 1937 (40) 285. 

Article 8. 

Cherokee County. 

§ 33-1481. Work to be done on roads ; appropriations not to be exceeded. 

The governing body of Cherokee County shall see that all public roads of 
the county are maintained in reasonably good repair, holes filled up, properly 
drained and widened where necessary and dragged and scraped regularly and 
shall make such contracts and purchase such machinery as is absolutely nec- 
essary to accomplish this purpose. Such contracts and purchases shall be 
made on a competitive basis. But the costs of machinery and other expenses 
of the work, including work contracted, shall not exceed the amount appro- 
priated for road and bridge maintenance. 

1942 Code § 4081; 1932 Code § 4081; Civ. C. '22 § 1313; 1913 (28) 122; 1914 (28) 628; 
1918 (30) 817; 1924 (33) 1142. 

§ 33-1482. Authority of supervisor and individual members of governing body. 
The supervisor and members of the governing body of Cherokee County 
each shall have authority to have work done towards improving the roads 
and bridges of the county when the cost of the work to be done does not ex- 
ceed the sum of one hundred dollars and when the cost exceeds that sum a 
majority of the governing body of the county shall approve the work to be 
done, as well as the cost of such work. Whenever any work is done under 
the direction of any member of the governing body of the county, or a ma- 
jority of the members thereof, it shall be itemized and approved by the mem- 
bers at the monthly meeting succeeding the time such work was done. But 
nothing therein shall authorize an expenditure of any amount exceeding the 
sum provided for the purpose. 

1942 Code § 4079; 1932 Code § 4079; Civ. C. '22 § 1311; Civ. C. '12 § 946; 1908 (25) 
1209; 1913 (38) 122; 1914 (28) 628; 1918 (30) 817; 1919 (31) 61; 1924 (33) 1142. 

§ 33-1483. Maintenance of roads. 

The governing body of Cherokee County shall arrange for the proper main- 
tenance of the roads of the county, employing competent persons to have in 
charge the work, as such governing body may deem best. The roads shall 
he dragged by a split drag monthly, or oftener, as may be necessary, using 
any machinery owned by various townships and providing such other as may 
be necessary and such governing body may make such other arrangements 
as in its judgment are necessary in order to have the roads of the county 
properly maintained. 

1942 Code § 4107; 1932 Code § 4107; Civ. C. '22 § 1351; 1917 (30) 272. 

§ 33-1484. Expenditure of road funds. 

The road funds provided for Cherokee County shall not be expended per 
mile, or as raised in the various townships, but shall be appropriated by the 

14-1 



§ 33-1485 Highways, Bridges and Ferries § 33-1494 

governing body of the county where they shall be necessary. But at least 
fifteen per cent of the funds provided for road maintenance in said county 
shall be expended in each township. 

1942 Code § 4106; 1932 Code § 4106; Civ. C. '22 § 1350; 1917 (30) 272. 

§ 33-1485. Expenditure of bridge fund. 

The general bridge fund provided for Cherokee County shall be expended in 
maintenance of necessary bridges and culverts in the various townships. At 
least ten per cent of such fund shall be used in each township. 

1942 Code § 4108; 1932 Code § 4108; Civ. C. '22 § 1352; 1917 (30) 272. 

§ 33-1486. Townships to bear pro rata of expenses of road building therein. 

Whenever the county chain gang or county road organization and equip- 
ment, or any portion thereof, shall be engaged in road maintenance, such as 
is provided in this article, and in the building of bridges or approaches as set 
forth herein, then the pro rata expenses of such work shall be charged to the 
township in which the work is done and be a part of the expense of that town- 
ship under the division of the funds as herein set forth. 

1942 Code § 4109; 1932 Code § 4109; Civ. C. '22 § 1353; 1917 (30) 272. 

§ 33-1487. Funds to which §§ 33-1434 to 33-1486 do not apply. 

The provisions of §§ 33-1484 to 33-1486 shall not apply to funds arising 
from bond issues for bridges or any special levy for permanent road work. 
1942 Code § 4110; 1932 Code § 4110; Civ. C. '22 § 1354; 1917 (30) 272. 

§§ 33-1488 to 33-1491. Blank. 

§ 33-1492. Disbursement of maintenance funds. 

The funds referred to in § 33-1029 for maintenance purposes shall be paid 
out by the governing body of Cherokee County in the same manner and under 
the same terms and provisions as vouchers in reference to other funds in their 
hands for road improvement. 

1942 Code § 4114; 1932 Code § 4114; Civ. C. '22 § 1358; 1919 (31) 33; 1923 (33) 94. 

§33-1493. Reports. 

The governing body of Cherokee Count)' shall make itemized and verified 
reports of the funds expended for road maintenance as required with refer- 
ence to other funds in its hands for road improvement. 

1942 Code § 4115; 1932 Code § 4115; Civ. C. '22 § 1359; 1919 (31) 33; 1923 (33) 94. 

§ 33-1494. Township road elections. 

Upon the petition of one-third of the qualified electors in any township of 
Cherokee County, the governing body of the county shall order an election 
to determine whether such township shall issue road improvement bonds, to 
be held in such township, at the regular voting precincts, after thirty days' 
notice of such election shall have been published in one or more newspapers 
published in the county. The governing body of the county shall appoint 
[4SCCode] — 10 145 



§33-1495 Code of Laws of South Carolina §33-1498 

managers for such election and shall canvass and declare the result of such 
election within one week after such election shall be held. The expenses of 
the election shall he paid out of any funds apportioned for roads, bridges, 
chain gang or other road funds in the township in which such election shall 
he held and the managers and clerk shall receive the same compensation now 
provided for managers and clerks in a general election. In the petition herein 
referred to, the amount of bonds proposed to be issued by such township and 
the purpose for which they are proposed to be issued shall be definitely stated 
and the amount of such bonds and the purpose thereof shall be stated in the 
notice of election hereafter provided for. 

1942 Code § 4088; 1932 Code § 4088; Civ. C. '22 § 1320; 1916 (29) 899. 

§ 33-1495. Form of ballot. 

At such elections the question of issuing an amount of bonds which shall 
conform to the amount stated in the notice and advertisement of election shall 
be submitted to the qualified electors of such township on two sets of ballots, 

on one of which shall he printed or written the words "For $ Road 

Improvement Bonds, Yes" and on the other the words "For $ Road 

Improvement Bonds, No." 

1942 Code § 4089; 1932 Code § 40S9; Civ. C. '22 § 1321; 1916 (29) 899. 

§ 33-1496. Township highway commissioners. 

Thirty days prior to any election to be held in any township under the 
provisions of this article for issuing bonds for road improvement the Governor, 
upon the recommendation of the county legislative delegation, shall appoint 
three good and successful business men in such township proposing to issue 
bonds hereunder, but who shall not be commissioned or hold office hereunder 
in case such township shall fail or refuse to vote for the issue of such bonds. 
In the event such township shall vote for the issue of such bonds, then such 
persons shall be duly commissioned and shall constitute the township high- 
way commission. 

1942 Code § 4091; 1932 Code § 4091; Civ. C. '22 § 1323; 1916 (29) 899. 

§ 33-1497. Term of commissioners. 

The highway commissioners shall be appointed for terms of two. four and 
six years, respectively, and shall continue in office until the appointment and 
qualification of their successors. And as each term of office expires the Gov- 
ernor, upon the recommendation of the county legislative delegation, shall 
appoint a successor for a period of six years, in such manner that a highway 
commissioner will have to be appointed every two years. 

1942 Code § 4091; 1932 Code § 4091; Civ. C. '22 § 1323; 1916 (29) 899. 

§ 33-1493. Bond of commissioners. 

Should bonds be voted and issued in any township, under the provisions of 
this article, each of the said highway commissioners shall, before receiving 
the proceeds of such issue of bonds, enter into a good and sufficient bond in 
the sum of five thousand dollars, to be approved by the governing body of 

146 [4SCCode] 



§33-1499 Highways, Bridges and Terries §33-1504 

the county and conditioned for the faithful performance of his duty, the 
premiums on such bonds to be paid out of the proceeds of the sale of any 
bonds issued under the provisions of this article. 

1942 Code § 4091; 1932 Code § 4091; Civ. C. '22 § 1324; 1916 (20) 899. 

§ 33-1499. Organization of commission. 

At the first meeting of this commission, it shall organize by selecting one 
of its number as chairman and one as clerk and all moneys paid out as 
herein directed shall be upon warrant signed by the clerk and countersigned 
by the chairman. 

1942 Code § 4091; 1932 Code § 4091; Civ. C. '22 § 1323; 1916 (29) 899. 

§ 33-1500. Compensation of township highway commission. 

The members of the township highway commission shall receive as com- 
pensation for their services a per diem while in the actual discharge of the 
duties of the office and shall pay from moneys coming into their hands all 
necessary expenses for stationery, stamps, salaries for the members, attorneys' 
fees and other necessary expenses or obligations. 

1942 Code § 4098; 1932 Code § 409S; Civ. C. '22 § 1330; 1916 (29) 899. 

§33-1501. Vacancies. 

Should a vacancy occur in the office of highway commissioner, in any town- 
ship, the Governor, upon the recommendation of the county legislative dele- 
gation, shall appoint a successor for the unexpired vacant term. 

1942 Code § 4091; 1932 Code § 4091; Civ. C. '22 § 1323; 1916 (29) 899. 

§33-1502. Terms of bonds. 

If a majority of the votes cast in such election be in favor of the issuance 
of such bonds for such township such bonds may be issued in such denomina- 
tions as may be advisable, to run not longer than twenty years from the date 
of issue and to bear a rate of interest not exceeding five per cent per annum, 
payable semi-annually on the first day of January and the first day of July 
each year. Such bonds and interest may be made payable in any legal tender 
of the United States to the bearer or holder or otherwise and at such places 
as may be convenient. Such bonds shall be designated as "Permanent Road 
Improvement Bonds of Township, Cherokee County, S. C." 

1942 Code § 4103; 1932 Code § 4103; Civ. C. '22 § 1335; 1916 (29) 899. 

§ 33-1503. Bonds exempt from taxation. 

All bonds issued under the provisions of this article are exempt from all 
taxes, state, county and municipal. 

1942 Code § 4103; 1932 Code § 4103; Civ. C. '22 § 1335; 1916 (29) 899. 

§33-1504. Sale of bonds. 

The governing body of Cherokee County may sell all of such bonds of such 
townships as may vote to issue bonds hereunder before proceeding with 
the road for which such bonds are issued or such governing body may sell 

147 



§33-1505 Code oi- Laws of South Carolina §33-1503 

such bonds as the funds may be needed. Tbe bonds shall not be sold for less 
than par and the governing body of the county may reject any and all bids. 
1942 Code § 4092; 1932* Code § 4092; Civ. C. '22 § 1324; 1916 (29) 899. 

§33-1505. Deposit of funds. 

The proceeds of the sale of such bonds shall be deposited in some banking- 
institution in the county to be used as herein directed. 

1942 Code § 4094: 1932 Code § 4094; Civ. C. '22 § 1326; 1916 (29) 899. 

§ 33-1506. Use of funds ; employment of engineer. 

The township highway commissioners shall expend such funds in the im- 
provement of the public roads in the township. They shall employ a com- 
petent, experienced and qualified road engineer to lay out, change, grade and 
supervise the building of permanent roads, build and construct bridges along 
such highways and pay out of such funds all necessary expenses of such 
engineer and for all labor and materials that may be necessary, including 
earth or other material for surfacing the roads. 

1942 Code §§ 4094, 4100; 1932 Code §§ 4094, 4100; Civ. C. '22 §§ 1326, 1332; 1916 (29) 899. 

§ 33-1507. Cooperation with other road work. 

All work done under the provisions of §§33-1506, 33-1508 to 33-1510 and 
33-1514 shall be of a permanent nature and the highway commissioners 
may work independently or in conjunction with the chain gang or governing 
body of the county. 

1942 Code § 4095; 1932 Code § 4095; Civ. C. '22 § 1327; 1916 (29) 899. 

§ 33-1508. Acquisition of rights of way. 

Whenever necessary, in order to change the location of any such public 
road or to open any new road, the right of way therefor may be obtained 
in the manner provided in the general law, in which proceeding before the 
governing body of the county the highway commissioners shall be the actors 
and all sums of money assessed as damages shall be paid out of the proceeds 
of the sale of such bonds. The highway commissioners may also acquire rights 
of way by agreement, purchase, gift or otherwise or may agree with and 
pay to a landowner whose lands are affected such compensation as may be 
agreed upon for rights of way or for surface for road building. 

1942 Code § 4094; 1932 Code § 4094; Civ. C. '22 § 1326; 1916 (29) 899. 

§ 33-1509. Contracts for work. 

The highway commission may let such work or any part of it to any 
competent contractor. But no contract exceeding one hundred dollars shall 
be made except after due notice published in one of the county newspapers 
once a week for three weeks calling for bids for such work, as required with 
respect to contracts let by the governing body of the county. All con- 
tractors shall be required to give a bond to the highway commissioners in 
such amount as they may require, conditioned for the faithful performance 
of such contracts. 

1942 Code § 4095; 1932 Code § 4095; Civ. C. '22 § 1327; 1916 (29) 899. 

14S' 



§33-1510 Highways, Bridges and Ferries §33-1514 

§33-1510. Width and grade of roads. 

The roads and bridges to be built, laid out and constructed by or under 
the authority of the highway commissioners shall be of such width and grade 
as the road engineer shall determine. 

1942 Code § 4096; 1932 Code § 4096; Civ. C. '22 § 1328; 1916 (29) 899. 

§33-1511. Tax levy. 

Upon the issuing of such bonds, they shall be registered in a book to be 
kept by the governing body of the county, in which shall be stated the amount 
of the bonds, the name of the township issuing them, the date of each series 
of bonds issued serially, the date of maturity, the rate of interest and the 
name of the purchaser. The county auditor shall thereupon and annually 
thereafter levy upon all the taxable property in the township a tax sufficient 
in amount to pay the interest on the bonds as it shall become due and to 
create a sinking fund to retire the bonds at maturity. Such tax shall be 
collected and the tax shall be sufficient to equal one-twentieth of the amount 
of bonds issued. 

1942 Code § 4093; 1932 Code 5 4093; Civ. C. '22 § 1325; 1916 (29) 899. 

§33-1512. Disposition of tax levy. 

The county treasurer, when he has collected the taxes for interest and 
sinking funds herein provided, shall turn the proceeds over to the county 
sinking fund commission, which shall give a receipt for such proceeds show- 
ing what funds such money shall be applied to. The county sinking fund 
commission shall pay all interest on such bonds when due and invest the 
funds so arising so as to increase them each year and to pay the bonds when 
they fall due. 

1942 Code § 4099; 1932 Code § 4099; Civ. C. '22 § 1331; 1916 (29) 899. 

§33-1513. Blank. 

§33-1514. Maintenance of roads; tax therefor; use of portions of bond issue 
therefor. 

The auditor of Cherokee County shall annually levy a tax of one mill on 
all the property of each such township as may vote bonds under the provi- 
sions of this article. The proceeds of such one mill levy shall be used by 
the highway commissioners of such township exclusively for the upkeep and 
maintenance of such roads as may be built as a result of the issue of bonds 
and the commission shall let out by contract to some competent person by 
sections the work of keeping in repair such roads, such contract to be let to 
the lowest responsible bidder. Such contractor shall be provided with a split 
log drag or some similar device and shall drag or work such road at least 
once per month in a satisfactory manner, under the supervision of the highway 
commissioners of such township. The highway commissioners may set apart 
a definite portion of the bonds or the proceeds thereof for the maintenance 
of roads only. 

1942 Code § 4102; 1932 Code § 4102; Civ. C. '22 § 1334; 1916 (29) 899. 

149 



§33-1515 Code of Laws of South Carolina §33-1523 

§ 33-1515. Defeat of proposed bond issue ; subsequent elections. 

Should the first election under the provisions of this article fail to carry in 
any one township for the issuance of bonds such failure shall not militate 
against or in any way prevent the issuing of bonds for any township which 
may vote in favor thereof. And upon petition of one-third of the qualified 
electors of any township wherein such election for bonds shall have failed 
another election may be ordered at any time within twelve months after 
the first election, provided thirty days' notice be given by advertising in one 
or more of the newspapers published in Cherokee County. 

1942 Code § 4101; 1932 Code § 4101; Civ. C. '22 § 1333; 1916 (29) 899. 

Article 9. 
Chester County. 

§33-1521. Supervisor of roads. 

The governing body of Chester County shall employ, upon the recommenda- 
tion and approval of the county legislative delegation, or a majority thereof 
including the Senator, a competent and skilled person to have in charge and 
to organize and manage the construction, maintenance and repair of the roads, 
highways and bridges of the county, who shall be known as the supervisor of 
roads and shall advise and cooperate with such governing body and to whom 
shall be committed adequate authority and full responsibility for the con- 
struction and maintenance of the roads, highways and bridges. The term 
of office of such supervisor of roads shall be for the period of one year from 
the date of his appointment and until a successor is duly appointed and quali- 
fied. 

1942 Code § 4127; 1932 Code § 4127; Civ. C. '22 § 1370; 1916 (29) 851; 1920 (31) 816; 
1944 (43) 1418. 

§ 33-1522. Compensation and bond of supervisor. 

The compensation of the supervisor of roads of Chester County shall be 

determined and fixed by the governing bod} of the county, shall be as low as 

may be consistent with securing a competent person and efficient service and 

shall not be more than the amount provided in the annual count}' supply act 

or an amount authorized and approved in writing by the county legislative 

delegation. An adequate bond with good and sufficient surety payable to 

the governing body of the county and conditioned for the faithful performance 

of his duties shall be required of the supervisor of roads. 

1942 Code § 4128; 1932 Code § 4128; Civ. C. '22 § 1371; 1916 (29) 851; 1920 (31) 816; 
1944 (43) 1418. 

§ 33-1523. Supervisor to hire and discharge employees. 

The supervisor of roads of Chester County may hire and discharge all em- 
ployees to work in connection with the construction and maintenance of the 
roads, highways and bridges of the county. 

1942 Code § 4130; 1932 Code § 4130: Civ. C. '22 § 1373; Civ. C. '12 § 2001; 1910 (26) 
650; 1916 (29) 851; 1920 (31) 816; 1944 (43) 1418. 

150 






§33-1531 Highways, Bridges axd Ferries §33-1551 

Article 10. 
Chesterfield County. 

§ 33-1531. Contracts between county and State Highway Commission. 

The governing body of Chesterfield County may by a majority agreement 
bid on any contract to grade any project, or part of any project, of any road 
or highway that may be let by contract in the county by the State Highway 
Commission, when it shall appear to be to the best interest of the county, 
provided that before any bid is submitted it shall be first authorized by the 
written consent of a majority of the county legislative delegation and the 
county attorney for Chesterfield County and before any contract is made under 
the provisions of this section it shall be approved in like manner. Said gov- 
erning body may also contract directly with the State Highway Commission, 
which may contract directly with said county, to grade, build or construct 
any project, or part of any project, to be let by the State Highway Commission 
in the county, as may be desirable in the judgment of the State Highway 
Commission. 

1942 Code § 4143; 1932 Code § 4143; 1931 (37) 117. 

§ 33-1532. Same ; bond not required ; execution of contract. 

In the event any contract is let by the State Highway Commission to 
Chesterfield County the county shall not be required to execute and deliver a 
contract bond to the Commission and the signature of the governing body of 
the county through its chairman shall be sufficient to bind the county to the 
proper performance of any such contract. 

1942 Code § 4143; 1932 Code § 4143; 1931 (37) 117. 

Article 11. 
Clarendon County. 

§ 33-1541. Inspection prior to payment of claims over ten dollars. 

No claim exceeding ten dollars for work on roads or bridges shall be ap- 
proved until the work shall have been personally inspected and approved 
after the completion thereof by the supervisor and his certificate thereof 
entered upon such claim. 

1942 Code § 4172; 1932 Code § 4172; Civ. C. '22 § 1293; 1918 (30) 687. 

Article 12. 
Colleton County. 

§ 33-1551. Supervision of road work. 

All the work of building and maintaining roads, bridges and highways in 
Colleton County which are under the jurisdiction of the county shall be done 
and performed under the supervision, direction and jurisdiction of the county 
supervisor, except that all contracts shall be awarded and all claims ap- 
proved by the governing body of the county as herein provided. 

1942 Code § 4195; 1932 Code § 4195; 1927 (33) 35. 

151 



§33-1552 Code of Laws of South Carolina §33-1554 

§ 33-1552. Road gangs. 

The county supervisor shall maintain four gangs for maintaining the public 
highways of the county. Each of such gangs shall consist of such number of 
men as may be needful for the efficient and economical operation thereof, to- 
gether with necessary equipment and road working machinery, for the proper 
maintaining of the roads, highways and bridges of Colleton County. 

(1) One of such gangs, known as gang No. 1, shall be located at Walterboro, 
and shall be used for the maintenance of the public roads and highways lead- 
ing out of the town as follows: All the roads in Verdier and Hell townships 
and all of such roads in Warren township as are located east of and including 
the road leading from Bell's to the Bamberg County line at Minus' Bridge by 
Ruffin and Smoaks, except those covered or designated by assignment to other 
gangs ; 

(2) Gang No. 2 shall be located at Cottagcville for the maintenance of high- 
ways in Glover, Sheridan and so much of the public highway in Verdier and 
Bell's township as is embraced in the road leading from Centreville, Jno. E. 
Kinsey's and Cannadys to the Bamberg County line at Minus' Bridge over the 
Edisto River; 

(3) Gang No. 3 shall be located at Lodge and shall be used for the main- 
tenance of the public highways in Broxton and Warren townships, except the 
road leading from Bell's through Smoaks to the Edisto River at Minus' Bridge 
and the road leading from Walterboro via Mr. Carmer and N. M. Maxey's and 
above road assigned to gang No. 2; and 

(4) Gang No. 4 shall be located at Green Pond for the maintenance of the 
highways in Blake, Lowndes and Fraser townships, the roads in Verdier 
township leading from Pringle Bend to Hendersonville and all the roads in 
Heyward township south of the highway leading from Walterboro to Crew's 
Ford. 

1942 Code § 4196; 1932 Code § 4196; 1927 (35) 35. 

§ 33-1553. Contracts for road work; inspection prerequisite to payment. 

In the building and repair of roads, highways and bridges, when the work- 
is of such character that it cannot be well done by the maintenance gangs 
hereinabove provided for or by the chain gang, the county supervisor shall 
have it done by contract. No such contract shall be awarded, however, when 
the aggregate sum thereof exceeds fifty dollars until it has been inspected 
and the contract authorized by at least two members of the governing body 
of the county. Before any claim for such building or repair can be approved, 
the work must lie inspected and approved by at least two members of the 
governing body of the county, whether the amount exceeds fifty dollars or is 
for a less sum. 

1942 Code § 4197; 1932 Code § 4197; 1927 (K) 35. 

§ 33-1554. Loans from Federal Government to finance construction of State 
highways. 
The governing body of Colleton County may make application for and re- 

152 



§ 33-1555 Highways, Bridges and Ferries § 33-1557 

ceive loans from the Federal Government for the purpose of raising money 
to finance the construction of State highways or sections thereof in the county. 
1942 Code § 420S; 1938 (40) 1899, 1933. 

§33-1555. Reimbursement agreement with State Highway Commission pre- 
requisite to loan. 

Xo loan from the Federal Government shall be applied for or received by 
Colleton County under § 33-1554 unless the governing body of the county shall 
have previously entered into an agreement on behalf of such county with the 
State Highway Commission whereby the Commission shall have agreed to 
reimburse and repay the county for the moneys to be advanced by the county 
to the Commission pursuant to such agreement. The amount of the loan 
herein authorized shall not exceed the amount necessary, as estimated by 
the Commission or the Chief Highway Commissioner, which amount shall 
be set forth in the reimbursement agreement. The governing body of the 
county may, by the terms of such agreement, agree to advance to the Com- 
mission moneys, secured by said governing body from the loans herein au- 
thorized, necessary for the purpose of §§ 33-1554 to 33-1560 and the Commis- 
sion may agree to reimburse and repay the county for all moneys so advanced. 
The governing body of the county and the Commission shall have all powers 
necessary to enable them to carry out such agreement. 

1942 Code § 4205; 1938 (40) 1899, 1933. 

§ 33-1556. Commission to supply funds ; pledge thereof. 

The State Highway Commission shall reimburse and repay the county as 
aforesaid out of the funds authorized by other laws to be used for the con- 
struction of the State highway system and so much of such funds as may 
be necessary for the purpose of making such reimbursement is hereby pledged 
irrevocably for such purpose, except the money needed in order to make 
payments to which such funds have been previously pledged. Such pledge 
is hereby made a part of the contract between the county and the Federal 
Government to the extent of the amount of any loan made by the Federal 
Government to the county for the purpose of §§ 33-1554 to 33-1560. This 
pledge is hereby made a part of the contract between the county and the 
Federal Government. 

1942 Code § 4225; 1938 (40) 1899, 1933. 

§ 33-1557. Maturities of Federal loans. 

In fixing the time or times of maturity of the Federal loans herein author- 
ized to be applied for and secured by the county the governing body of the 
county shall consider the probable amounts to be received each year by way 
of reimbursement as aforesaid and shall endeavor to arrange the times of 
maturity of such loan so that the levy of a tax will not be necessary in order 
to pay the principal. 

1942 Code § 4205; 1938 (40) 1899, 1933. 

153 



§ 33-1558 Code of Laws of South Carolina § 33-1571 

§33-1553. Payment of loans. 

The full faith, credit and taxing power of Colleton County are hereby irre- 
vocably pledged for the punctual payment of the principal and such Federal 
loans as such principal becomes due. The county auditor shall levy annually 
on all taxable property in the county a tax sufficient to pay the principal 
of such loans as they respectively become due and the county treasurer shall 
collect such tax and apply it to such purpose. But all moneys received by 
the county from the State Highway Department by way of reimbursement 
under the agreement herein provided for shall be applied to the payment of 
the principal of such loans and to the reduction of such tax. It is the in- 
tention of this section that all loans applied for and received by Colleton 
County hereunder shall be direct and general obligations of the county, pay- 
able primarily by means of a property tax. 

1942 Code § 4205; 1938 (40) 1899, 1933. 

§33-1559. Effect on certain previous acts of §§33-1554 to 33-1560. 

All the provisions of Act 958 of the Acts of 1934, Act 831 of the Acts of 
1936 and Act 984 of the Acts of 1936 limiting and restricting the bonded in- 
debtedness which may be assumed or incurred by the State Highway Com- 
mission and the State Highway Department for the construction of the 
State highway system shall apply to the reimbursement obligations herein 
authorized to be assumed or incurred by the Commission or Department 
unless the reimbursement obligations herein authorized shall mature after 
the maturities of all State highway certificates of indebtedness and reimburse- 
ment obligations outstanding on May 11 193S. 

1942 Code § 4205; 1938 (40) 1899, 1933. 

§ 33-1560. "Highway" defined ; highways to construct. 

The term "highway" as used in §§ 33-1554 to 33-1560 shall include bridges 
and drainage structures. The State highways or sections thereof to be con- 
structed with funds made available under the provisions of said sections 
shall be any State highways or sections thereof legally in the State highway 
system in Colleton County. 

1942 Code § 4205; 1938 (40) 1899, 1933. 

Article 13. 
Dillon County. 

§33-1571. Supervisor of roads. 

A road supervisor of Dillon County shall be elected in the general election 
every four years as other county officers are elected. He shall manage the 
construction, maintenance and repair of roads, highways and bridges of the 
county and shall he known as the road supervisor. The regular term of office 
of the road supervisor of Dillon County shall be for a period of four years 
beginning January 1 in the years preceding presidential election years. The 
supervisor shall keep a record of all expenses, including the maintenance of 
the chain gang, and turn in to the clerk of the governing body of the county 
a weekly statement showing the township or townships in which such work 

154 



§ 33-1572 Highways, Bridges and Ferries § 33-1576 

has been done and also showing the school district, as nearly as practicable, 

such amounts should be charged to. 

1942 Code § 4258; 1932 Code § 425S; Civ. C. '22 § 1454; 1914 (28) 603; 1920 (31) 889; 
1921 (32) 132; 1931 (37) 192; 1934 (38) 1201; 1944 (43) 2329. 

§ 33-1572. Vacancy in office. 

In the event of a vacancy in the office of road supervisor of Dillon County 

the Governor shall fill the remainder of the term by appointment upon the 

recommendation of a majority of the county legislative delegation. 

1942 Code § 4260; 1932 Code § 4260; Civ. C. '22 § 1456; 1914 (28) 603; 1920 (31) 889; 
1921 (32) 132; 1931 (37) 192. 

§ 33-1573. Road districts; road commissioners. 

The governing body of the county may subdivide the county with respect 
to roads, highways and bridges into such districts or sections as it may deem 
best for the public interest and may contract for sections of roads to be built 
and maintained. It may also appoint and employ road commissioners in and 
for such districts or sections. Such road commissioners shall be employed 
upon such terms, shall have authority and shall be charged with the perform- 
ance of such duties as may be conferred and imposed by the governing body 
of the county. 

1942 Code § 4259; 1932 Code § 4259; Civ. C. '22 § 1455; 1914 (28) 603; 1920 (31) 889. 

§ 33-1574. Accounts of township road funds. 

The clerk of the governing body of Dillon County shall keep a set of books 
in which shall be entered, in separate accounts, the pro rata share of the road 
fund belonging to each township of the county and such amounts shall be ex- 
pended only in the respective townships. 

1942 Code § 4257; 1932 Code § 4257; Civ. C. '22 § 1453; 1914 (28) 603; 1920 (31) 889; 
1921 (32) 132; 1931 (37) 192. 

§ 33-1575. Bridge fund. 

Twenty per cent of all moneys belonging to the road fund of Dillon County 
shall be set aside as a bridge fund and so kept and used for bridge building and 
repairing in any section of the county. 

1942 Code § 4257; 1932 Code § 4257; Civ. C. '22 § 1453; 1914 (28) 603; 1920 (31) 889; 
1921 (32) 132; 1931 (37) 192. 

§ 33-1576. Dillon County highway commission ; appointment and term. 

There is hereby created the Dillon County highway commission which 
shall be composed of three members, each of whom shall be a qualified elector 
of Dillon County. They shall be appointed by the Governor upon the recom- 
mendation of a majority of the county legislative delegation, including the 
Senator. Their terms of office shall be for four years and until their sucessors 
shall have been appointed and qualified. 

1951 (47) 116. 

155 



§33-1577 Code of Laws of South Carolina §33-1579.3 

§33-1577. Same ; oath and bond. 

Each person so appointed .shall, before entering into the discharge of his 
duties, take and subscribe to the oath required by law for other officers of 
the county and shall also furnish a good and sufficient bond in the amount 
of five thousand dollars, payable to Dillon County and conditioned upon the 
faithful performance of his duties. Any premium chargeable on such bond 
shall be paid for from the funds of the commission. 

1951 (47) 116. 

§33-1578. Same; salary and mileage. 

The salary of each of the members of the commission shall be payable 
quarterly and each member shall receive mileage at the rate of seven cents 
per mile when acting in the performance of his duty. 

1951 (47) 116, 506. 

§33-1579. Same; vacancies; removal. , 

In case of a vacancy in the membership of the commission caused by death, 
resignation or otherwise the position so vacated shall be filled by appointment 
of the Governor upon the recommendation of a majority of the county legis- 
lative delegation, including the Senator, and such appointment shall be for 
the remainder of the term of the appointee's predecessor. 

Upon complaint filed with the Governor by a majority of the county legis- 
lative delegation, including the Senator, charging official misconduct on the 
part of any member of the commission, the Governor shall remove the mem- 
ber so charged if such cause be shown. Upon any such removal the vacancy 
shall he filled as above provided. 

1951 (47) 116. 

§ 33-1579.1. Same ; chairman ; meetings. 

Immediately upon appointment of the members of the commission they shall 
meet and select one of their members as chairman. The chairman of the com- 
mission shall preside over all meetings which shall be held at least once a 
month on such day as the chairman shall fix by written notice to the mem- 
bers and a meeting so called shall remain open until such business as may be 
before it shall have been disposed of. The chairman shall have authority to 
call special meetings whenever it is necessary. 

1951 (47) 116. 

§33-1579.2. Same; clerk. 

The commission shall employ a clerk who shall keep the minutes of all 
meetings and verify the correctness thereof. The clerk shall also keep such 
records and perform such duties as shall be prescribed by the commission. 

1951 (47) 116. 

§ 33-1579.3. Same; general superintendent. 

The commission shall employ a general superintendent' who shall be in 
charge of highway construction in the county and it shall purchase necessary 

156 






§ 33-1575.4 Highways, Bridges and Ferries § 33-1531 

equipment and supplies to initiate and maintain a highway construction pro- 
gram for and in Dillon County. 
1951 (47) 116. 

§ 33-1579.4. Same ; salaries of employees ; source of all salary payments. 

The commission shall designate the salary for its clerk comparable to other 
clerks employed for like duties in Dillon County. The salary of the general 
superintendent and other employees shall be fixed by the commission. 

All salaries provided for, including those of members of the commission, 
shall be paid out of funds accruing to the commission. 

1951 (47) 116. 

§ 33-1579.5. Same ; highways to be constructed. 

The commission shall construct such highways in Dillon County as have 
been programmed through the State Highway Department and approved by 
a majority of the county legislative delegation, including the Senator. This 
section shall not apply to Federal aid projects. 

1951 (47) 116. 

§ 33-1579.6. Same ; receipt and use of funds. 

The commission shall receive funds accruing to Dillon County from the 
State Highway Department and funds appropriated to it by law and such 
funds shall be disbursed for the construction of projects on the State high- 
way secondary system in Dillon County. The funds shall be paid to the 
commission by the State Highway Department on the basis of statements, or 
estimates, of work performed to the satisfaction of the State Highway Engi- 
neer. 

1951 (47) 116. 

§ 33-1579.7. Same; deposit and expenditure of funds. 

Any funds appropriated to the commission and any funds accruing to the 
commission from the State Highway Department shall be on deposit with the 
treasurer of the county to the credit of the commission and shall be expended 
only upon properly drawn vouchers. Vouchers drawn by the commission 
shall be signed by all members thereof subject to its funds on deposit with the 
treasurer of the county. 

1951 (47) 116. 

Article 14. 

Dorchester County. 

§ 33-1581. Contract with State Highway Department for maintenance of roads 
and bridges. 
Dorchester County, through and by its clerk of court, and the State Highway 
Department may enter into and execute an agreement whereby the Depart- 
ment shall maintain roads and bridges at a cost to be agreed upon, to be paid 
the Department by the county, such cost not to exceed one hundred dollars 
per mile per year. Any such agreement may provide that the expenditures 

157 



§33-1532 Code of Laws of Soutit Carolina §33-1584 

by the Department in maintaining such roads and bridges may not exceed 
the amount paid by the county to the Department for such maintenance. Roads 
and bridges maintained by the Department pursuant to such agreement shall 
not by reason of such maintenance be considered State highways. 
1951 (47) 457. 

§ 33-1582. County may sell equipment, supplies and materials to Department. 

The agreement authorized in § 33-1581 may include the purchase by the 
Department from the county and the sale by the county to the Department 
of any and all road and bridge building and maintenance equipment, supplies 
and materials owned by the county. The purchase price of such equipment, 
supplies and materials shall be equal to the appraised value thereof as deter- 
mined and fixed by the mechanical engineer of the Department. But the 
clerk of court may, for and in behalf of the county, after such property is 
appraised by said mechanical engineer and before entering into the agree- 
ment, sell any of such property to any other purchaser at a price higher than 
the appraisal price fixed by said mechanical engineer. 

1951 (47) 457. 

§ 33-1582.1. State Highway Department not responsible for damages due to 
such construction. 

The provisions of article 6 of chapter 3 of this Title shall in no way apply 
to roads and bridges maintained by the State Highway Department under 
the provisions of §§ 33-1581 and 33-1582. 

1951 (47) 457. 

§ 33-1533. Townships may issue bonds. 

Any township in Dorchester County may issue and sell bonds for the purpose 
of building and improving the public highways and bridges in the township 
if the question of such issue of bonds shall have been first submitted as herein 
provided to the qualified voters of such township at an election to be held to 
determine whether such bonds shall be issued or not and such question shall 
have been decided at such election in favor of such issue of bonds. 

1942 Code § 4283; 1932 Code § 4283; Civ. C. '22 § 147S; 1916 (29) 906. 

§ 33-1584. Election on bond issue. 

On the presentation of a petition signed by one-third of the qualified electors 
of any township the governing body of Dorchester County shall immediately 
order an election for the purpose of determining the issue of bonds hereby 
authorized and for the purpose of electing the commission herein provided 
for, to be held at the usual voting precincts of the township, on the question 
whether such bonds shall be issued or not and for the election of the com- 
mission herein provided for. In such election only the qualified voters of such 
township shall be allowed to vote. The governing body of the county shall 
give notice of such election for three weeks in at least one paper published in 
Dorchester County, shall designate the time and place, shall appoint three man- 

15S 



§33-1585 Highways, Bridges axd Ferries §33-1538 

agers at each precinct for such election and shall receive the returns of the 
managers and declare the result. 

1942 Code § 4285; 1932 Code § 4285; Civ. C. '22 § 1480; 1916 (29) 905; 1931 (37) 120. 

§33-1585. Ballots. 

The governing body of the county shall have prepared for the use of the 
voters in such election two sets of ballots which shall be placed, a sufficient 
number of each, at each polling place. On one set of such ballots shall be 
printed the words "For Bonds" and on the other set shall be printed the words 
"Against Bonds". 

1942 Code § 42S6; 1932 Code § 4286; Civ. C. '22 § 1481; 1916 (29) 906; 1931 (37) 120. 

§ 33-1586. Execution of bonds. 

The bonds and coupons thereto attached shall be signed by the chairman and 
countersigned by the other two members of the township road improvement 
commission. The signature of such officers may be lithographed or engraved 
upon the coupons attached to the bonds and such lithographed or engraved 
signature shall be a sufficient signature thereto. 

1942 Code § 4289; 1932 Code § 4289; Civ. C. '22 § 1484; 1916 (29) 906. 

§ 33-1587. Issue and terms of bonds. 

If a majority of the votes cast at the election be for the issuance of bonds, 
the township road improvement commission may issue and sell interest bearing 
coupon bonds of the township, payable to bearer in such denominations and 
amount as it may deem necessary, net to exceed eight per cent of the as- 
sessed valuation of the property of the township for taxation, as shown by 
the books of the county auditor last before the aforesaid election, to run for a 
period of not exceeding thirty years from the date of issue, and bearing interest 
at a rate of not exceeding six per cent per annum, payable annually or semi- 
annually, and at such times as it may deem best. 

1942 Code § 42S6; 1932 Code § 42S6; Civ. C. '22 § 1481; 1916 (29) 906; 1931 (37) 120. 

§ 33-1588. Township road improvement commission. 

At the election so held, the qualified electors of the township shall elect, 
subject to the provisions of this article, a commission to be composed of three 
qualified electors to take charge and control of the bonds and the proceeds 
thereof in the event of the issuance thereof. Should such bonds be issued 
the commission so elected shall have the same powers and duties with respect 
to such bonds, the proceeds thereof and the management and disbursement 
thereof as are now allowed by law to the governing bod}- of the county in 
like cases and with respect to the iss-.'ance of similar bonds. Such commis- 
sion shall be known as the township road improvement commission of 

township. Should the election result against the issuance of 

bonds, then the election for the commission herein provided for shall be a 
nullity. 

1942 Code §§ 4284, 4285; 1932 Code §§ 4284, 42S5; Civ. C. '22 §§ 1479, 1480; 1916 (29) 
906; 1931 (37) 120. 

159 



§33-1589 Code of Laws of South Carolina §33-1592 

§ 33-1539. Requirements of candidates ; oath of members. 

The candidates for election to a position on the township road improvement 
commission, in order to be elected thereto, shall file their pledges and expense 
accounts as are required by law in elections of other county officers and. if 
elected, shall, before entering upon the duties of their office, take the oath re- 
quired by law in the same manner as other officers. But such pledges need 
not be filed longer than ten days next preceding the election. 

19-42 Code § 4287; 1932 Code § 42S7; Civ. C. '22 § 1482; 1916 (29) 906. 

§ 33-1590. Bond of members. 

The members of the commission so elected shall, before entering upon the 
duties of office, enter into bond with good and sufficient sureties, to be ap- 
proved by the clerk of court of Dorchester County, payable to the State and 
in the usual form, in the sum of five thousand dollars each, conditioned for 
the faithful performance of their duties under the provisions of this article. 

1942 Code § 4287; 1932 Code § 4287; Civ. C. '22 § 1482; 1916 (29) 906. 

§ 33-1591. Compensation of commissioners ; term ; successors. 

Each member of such commission shall receive as compensation for the 
performance of his duties hereunder an annual salary, payable monthly, out 
of the proceeds derived from the sale of the bonds. The commission shall 
hold office until the second general election for State and county officers 
succeeding their first election and until their successors are duly elected 
and qualified. They shall be commissioned by the Governor in the same 
manner as other county officers holding elective offices. Their successors 
in office shall be elected at the same time as other county officers and for 
a period of two years and until their successors are duly elected and quali- 
fied and shall be vested with the same powers and duties as provided for the 
commission as first elected under the provisions of this article. 

1942 Code § 4291; 1932 Code § 4291; Civ. C. '22 § 1486; 1916 (29) 906. 

§ 33-1592. Tax levies ; application of proceeds. 

The county officers of Dorchester County charged with the assessment and 
collection of taxes shall levy such a tax annually upon all of the property, 
real and personal, within the limits of any township for which bonds are issued 
under the provisions of this article (and collect such tax as taxes for State, 
county and school purposes are levied and collected) as will raise a sum suffi- 
cient to pay the interest on all bonds issued by such township under this 
article, the funds so collected to be applied solely to the payment of interest 
on such bonds. For the purpose of creating a sinking fund to retire such bonds 
at maturity such county officers shall assess and collect annually two mills, to 
be invested or deposited by the count)- treasurer at interest in some safe bank 
or deposit company within the townships in which the taxes are assessed, if 
possible. 

1942 Code § 4288; 1932 Code § 42S8; Civ. C. '22 § 1483; 1916 (29) 906. 

160 



§33-1593 Highways, Bridges and Ferries §33-1511 

§ 33-1593. Disposition of commutation taxes in township issuing bonds. 

The treasurer of Dorchester County shall apply all revenues derived from 
the commutation tax provided by law and levied in any township holding an 
election and issuing bonds hereunder to the improvement of highways and 
bridges in such township and to that end the county treasurer shall turn over 
such revenues annually to the township road improvement commission and 
the township road improvement commission shall take charge of such com- 
mutation revenues and apply them exclusively to the improvement of high- 
ways and bridges in the township. 

1942 Code § 4290; 1932 Code § 4290; Civ. C. '22 § 1485; 1916 (29) 906. 

§ 33-1594. Any township a unit. 

Any township in Dorchester County shall be a unit for the purpose of issu- 
ing bonds as herein provided and may issue and sell such bonds upon comply- 
ing with the terms and provisions of this article. 

1942 Code § 4292; 1932 Code § 4292; Civ. C. '22 § 1487; 1916 (29) 906. 

Article 15. 
Edgefield County. 

§ 33-1601. Contracts for maintenance ; hire of road force. 

Whenever any portion of the main public roads of Edgefield County has been 
put in good condition or fairly good condition, the supervisor shall provide, 
supplementary to the chain gang and other road forces, for the maintenance 
of such roads so far as the funds will permit by making provisions by con- 
tract or hire for the dragging or scraping of such roads and keeping the drains 
open with citizens along such highways or others who have tractors or horse 
power at their disposal. The supervisor may, in his discretion, when funds 
are available, hire a separate road force to be used for emergency and general 
road and bridge work throughout the county, such force to be paid out of the 
funds of the township in which they are at work and when not at work from 
bad weather or other unavoidable conditions then to be paid out of the funds 
levied for ordinary county purposes. 

1942 Code § 4301; 1932 Code § 4301; 1922 (32) 769. 

Article 16. 
Fairfield County. 

§ 33-1611. Powers of supervisor. 

The supervisor of Fairfield County shall have complete control in the build- 
ing, repairing and maintenance of roads and bridges in the county and shall 
have the sole authority in employing and discharging persons working for 
the county at and in connection with the chain gang of the county. The 
supervisor shall have full, complete and sole charge of the chain gang. 

1948 (45) 1863. 

[4 SC Code] — II 161 



§ 33-1612 Code or Laws of South Carolina § 33-1617 

§ 33-1612. Maintenance under supervisor ; assistants. 

All work of maintenance under the contract system shall be under the 
direct supervision and responsibility of the county supervisor and he may 
appoint, at the expense of the county, such assistants as he may require for 
the proper discharge of his duties in the premises. 

1942 Code § 4327; 1932 Code § 4327; Civ. C. '22 § 1522; 1920 (31) 1037. 

§ 33-1613. Road districts; use of funds. 

The road district of Fairfield County, as now established, shall be observed 
but the governing body of the county may make such changes as in its judg- 
ment may become necessary. The funds available for the upkeep of county 
roads shall be equitably apportioned and expended by the supervisor in the 
several road districts. The commutation road tax accruing from any road 
district shall be expended only in the district from which it is paid. 

1942 Code § 4309-8; 1939 (41) 261. 

§ 33-1614. Road scrape gang for each district. 

One of the road scrape gangs shall be assigned to each of the three road 
districts of Fairfield County. 

1942 Code § 4312; 1932 Code § 4312; 1927 (33) 241. 

§ 33-1615. Roads to be divided into sections. 

The supervisor of Fairfield County shall divide the public roads under his 
control into sections, or blocks, of such several lengths as in his judgment may 
be most advantageous for letting out such roads to contract, in whole or in 
part, for the maintenance thereof. 

1942 Code § 4324; 1932 Code § 4324; Civ. C. "22 § 1519; 1920 (31) 1037. 

§ 33-1616. Bids for maintenance by contract. 

When such sections shall have been duly defined, described and numbered, 
so that each may be separately treated as an integral proposition and so kept 
distinct in the office of the supervisor, the supervisor shall advertise for bids 
for maintenance thereof, once a week for four weeks, in such methods of ad- 
vertisement as will be deemed sufficient, in his judgment, to secure the object 
desired, setting forth explicitly the conditions, terms and guarantees to be 
imposed in connection therewith. 

1942 Code § 4325; 1932 Code § 4325; Civ. C. '22 § 1520; 1920 (31) 1037. 

§ 33-1617. Duration of contracts; conditions. 

Such contracts shall run for a twelve-month period, with privilege, mutually 
agreed upon, of a renewal, Otherwise the supervisor may specify the re- 
quirements of maintenance, but in no case shall any section of any road be 
placed under contract unless the stipulations therefor call for a system of 
maintenance that will insure an improvement of the roads of the county 
superior to the conditions obtained under the system of maintenance by the 
chain gang system. 

1942 Code § 4326; 1932 Code § 4326; Civ. C. '22 § 1521; 1920 (31) 1037. 

162 [4SCCode] 



§ 33-1618 Highways, Bridges and Ferries § 33-1622 

§ 33-1618. Duty of attorney ; bond on contracts. 

The county attorney shall, in all cases, act in an advisory capacity in the 
preparation of such contracts and a sufficient bond for faithful performance 
shall be written into them in an amount to be fixed by the supervisor. 

1942 Code § 4328; 1932 Code § 4328; Civ. C. '22 § 1523; 1920 (31) 1037. 

§ 33-1619. Roads may be worked by hired labor or under contracts. 

The road work to be done in the several districts may be done under the 
general supervision of the county supervisor with hired labor, if that method 
be deemed by the supervisor the most efficient and economical. But if, upon 
trial of such method, it shall be found to be, in the judgment of the super- 
visor, inefficient or extravagant or fail to achieve satisfactory results, the 
supervisor may let out such work, or any part thereof, on contract to the lowest 
responsible bidders. In case the work, or any part thereof, is let to contract, 
the supervisor may, in his discretion, allow the contractor who is awarded 
the contract for such work the use of the road machinery or other equipment 
placed in the district for such length of time as may be deemed advisable and 
expedient, proper compensation to be required therefor under the contract. 
The contractor shall give bond with sufficient surety, conditioned for the faith- 
ful performance of the work under the terms and requirements of the contract, 
for the proper care and repair of any road machinery committed to his care, 
and for the due and proper care and maintenance of any teams hired to him 
under such contract. 

1942 Code § 4331; 1932 Code § 4331; Civ. C. '22 § 1526; 1921 (32) 70. 

§ 33-1620. Supervisor to inspect roads ; expense allowance. 

The county supervisor shall make constant inspection of all of the public 
roads of the county, for which purpose he shall furnish his own car, but he 
shall be allowed the sum of three hundred dollars per year, payable in monthly 
installments, for the upkeep and expense of such car. 

1942 Code § 4313; 1932 Code § 4313; 1927 (35) 241. 

§33-1621. Road fund. 

The Fairfield County fund for roads and bridges shall consist of all moneys 

raised by the road tax provided for by § 33-1091 and all fines and penalties 

imposed by the circuit judges in the court of general sessions and by the 

magistrates in the magistrates' courts. Such fund shall be kept separate from 

the ordinary county funds by the county treasurer. 

1942 Code § 4319; 1932 Code § 4319; Civ. C. '22 § 1514; Civ. C. '12 § 2050; 1909 (26) 
154; 1921 (32) 70; 1922 (32) 790; 1933 (38) 318. 

§ 33-1622. License required for hauling for hire with team. 

It shall be unlawful for any person to engage in the business of hauling for 
hire, with teams and wagons, in Fairfield County, without first obtaining a 
license from the clerk of court as herein provided. For the purposes of this 
section the business of hauling for hire shall mean the use of teams, wagons 
and other horse-drawn vehicles exclusively for hauling for hire for a period 

163 



§33-1623 Com-: of Laws of South Carolina §33-1625 

of as much as two weeks or more. Each person so engaged shall obtain a 
license from the clerk of court of Fairfield County and pay therefor the sum of 
ten dollars per year for each animal used. Xo license may be issued for a 
shorter period than three months and the charges made for the short term 
licenses shall be in proportion to the rate herein fixed for annual licenses, that 
is two dollars and fifty cents for each three months' license. The funds fn im 
the sale of these licenses shall be used by the county supervisor for general 
road purposes. The supervisor shall, as far as possible, spend the money de- 
rived from the licenses provided for herein on the roads used by the teams 
paying the licenses. Any one engaged in the business of hauling for hire in 
Fairfield County and not obtaining the license herein required shall be, upon 
conviction thereof, fined in the discretion of the court not exceeding five 
dollars per day for each day he has been so engaged. This section shall not 
apply to baggage and delivery drays used exclusively in the town of Winns- 
boro and the Winnsboro mill village and Ridgeway. 
1942 Code § 4350; 1932 Code § 4350; 1925 (34) 74. 

§ 33-1623. Issue of highway bonds by townships. 

Whenever one-third of the qualified freeholders residing in any township in 
Fairfield County shall present a petition to the governing body of the county 
praying for an election upon the question of issuing serial or other coupon 
bonds for the construction of public highways in such township the governing 
body of the county shall order an election upon the question of issuing bonds 
in such township. 

1942 Code § 4333; 1932 Code § 4333; Civ. C. '22 § 1528; 1921 (.32) 17. 

§33-1624. Conduct of elections. 

Such election shall be held under the laws governing the holding of gen- 
eral elections in this State. The ballots shall be provided according to law 
and on one ballot shall be printed "For permanent road bonds — Yes" and on 
the other "For permanent road bonds — No." The election shall be held at 
the same polling places as were used in such townships in the last general 
election and all qualified electors residing in such township shall be qualified 
to vote therein. The expenses of the election shall be paid out of the township 
road funds. 

1942 Code § 4335; 1932 Code § 4335; Civ. C. '22 § 1530; 1921 (32) 17. 

§33-1625. Sale of bonds. 

If a majority of the ballots cast in such election shall be for the issuing 
of such bonds, the county supervisor and the commissioners herein provided 
for, to be known as township highway commissioners, shall dispose of the 
bonds to the highest bidder for cash, at not less than par, upon such notice by 
advertisement and competitive bids as the supervisor and such township high- 
way commissioners shall deem proper, reserving the right to reject any and 
all bids. 

1942 Code § 4335; 1932 Code § 4335; Civ. C. '22 § 1531; 1921 (32) 17. 

164 



§ 33-1626 Highways, Bridges and Ferries § 33-1629 

§ 33-1626. Terms of bonds ; execution. 

Upon the acceptance of any bid, the governing body of the county shall 
have printed serial or other coupon bonds to an amount not exceeding eight 
per cent of the assessed valuation of the taxable property of such township, to 
bear a rate of interest not exceeding six per cent per annum, to run not 
more than twenty years, with the right to the township of redeeming any 
or all of them after ten years. These bonds shall be signed by the county 
supervisor and countersigned by the clerk of the governing body of the county, 
but the signatures may be lithographed on the coupons. The bonds to be 
issued by any of such townships shall show upon their face for what township 
such bonds are issued and the liability incurred thereby shall extend only to 
the township named therein. 

1942 Code § 4336; 1932 Code § 4336: Civ .C. '22 % 1531; 1921 (32) 17. 

§ 33-1627. Custody and disbursement of bond funds. 

As soon as the funds arising from the sale of any such bonds shall be re- 
ceived by the township highway commissioners they shall be turned in to the 
county treasurer, until they shall be withdrawn from time to time by the 
warrant of such township highway commissioners as needed by them in the 
performance of their duties. 

1942 Code § 4338: 1932 Code § 4338: Civ. C. '22 § 1533; 1921 (32) 17. 

§ 33-1628. Township highway commissioners. 

The township highway commission provided for herein shall consist of 
three members who shall be freeholders in the township and shall be voted 
for and elected at the election which may be ordered for the issue of such 
bonds. The commission shall elect its chairman and secretary and any va- 
cancy in the commission shall be filled by the Governor upon the recommenda- 
tion of the county legislative delegation. The commissioners each shall re- 
ceive compensation for their services payable quarterly out of the proceeds 
of the sale of the bonds. The life of the commission shall be for a period of 
three years and until their successors shall be appointed and qualified. Each 
shall give bond in some approved company doing business in this State, under 
the laws thereof, in the sum of five thousand dollars from the time the bonds 
are issued to the time the proceeds thereof are expended and accounted for. 
Premiums on such bonds shall be paid from the funds derived from the bond 
issue. They shall construct the roads as soon as may be advantageously 
done in their judgment. 

1942 Code § 4339; 1932 Code § 4339; Civ. C. '22 § 1534; 1921 (32) 17; 1951 (47) 506. 

§33-1629. Township engineers. 

The township highway commissioners may employ a competent engineer 
whose duty shall be to locate roads to be constructed by the commission, to 
furnish to the commission estimates of the cost of such construction, to see 
that the work is properly performed, to furnish plans and specifications and 
to perform such other duties as the commission may desire. 

1942 Code § 4343; 1932 Code § 4343; Civ. C. '22 § 1538; 1921 (32) 17. 

165 



§33-1630 .Code of Laws of South Carolina §33-1635 

§33-1630. Joint commissions. 

When two or more townships through which a main public thoroughfare 
or county to county highway passes join in the construction of such highway, 
the highway commission shall consist of the chairmen of the highway com 
missions of the several townships so acting together. 

1942 Code § 4340; 1932 Code § 4340; Civ. C. '22 § 1S35; 1921 (32) 17. 

§ 33-1631. General duties of commissions. 

The township highway commissions shall select the roads which shall be 
permanently improved, in whole or in part, and decide the width of such roads 
and the material to be employed, regard being had to the present condition 
of such roads and the amount of traffic over them. 

1942 Code § 4341; 1932 Code § 4341; Civ. C. '22 § 1536; 1921 (32) 17. 

§ 33-1632. Contracts for improvement of road sections. 

The township highway commissioners shall divide the roads to be con- 
structed or improved into sections of not less than one mile nor more than 
five miles, for the purpose of letting them out for construction or improvement 
by contract to the lowest responsible bidder according to plans and specifica- 
tions to be furnished by the township highway commissioners. For the letting 
of any such contract ten days' notice shall be given in at least four public 
places in the township in which the section or sections of road are to be let 
of the time and place of the letting of the contract, reserving in such notices 
the right to reject any and all bids. The successful bidder shall enter into 
bond for the faithful performance of his duties in double the amount of his bid. 

1942 Code § 4341; 1932 Code § 4341; Civ. C. '22 § 1536; 1921 (32) 17. 

§ 33-1633. Improvement by hired labor. 

In case any section is not let on bids the township highway commission 
shall have such section constructed or improved by hired labor. 

1942 Code § 4341; 1932 Code § 4341; Civ. C. '22 § 1536; 1921 (32) 17. 

§ 33-1634. Maintenance of roads improved. 

The township highway commissioners shall keep the roads constructed or 
improved by them in proper repair during the life of the commission and for 
this purpose so much of the two mill tax levy provided for by law as may be 
necessary shall be used and the county supervisor shall cooperate with the 
commission. 

1942 Code § 4342; 1932 Code § 4342; Civ. C. '22 § 1537; 1921 (32) 17. 

§33-1635. Power of condemnation. 

The commission shall have the right to condemn land, surface, soil, trees 
or other material adjoining or near to the road for the purpose of relocating, 
widening, improving or constructing the public highways herein provided for 
and in the case of right of way, surface, soil, trees or other material that cannot 
be secured by donation or agreement, it may be taken for the use herein mcn- 

166 



§ 33-1636 Highways, Bridges and Ferries § 33-1640 

tioned and the landowner may afterwards be compensated as in condemnation 
of rights of way as provided by law. 

1942 Code § 4341; 1932 Code § 4341; Civ. C. '22 § 1536; 1921 (32) 17. 

§ 33-1636. Disbursements. 

All moneys shall be paid out on warrants of the chairman of the township 
highway commission, countersigned by the secretary thereof. 

1942 Code § 4345; 1932 Code § 4345; Civ. C. '22 § 1540; 1921 (32) 17. 

§ 33-1637. Use of bond funds for inter-township highways. 

Where a main public highway of said county or a county to county highway 
passes through or across a part of two or more townships of said county, the 
highway commissions of said townships, provided for in § 33-1628, may expend 
the proceeds of bonds so voted in the construction, improvement or main- 
tenance of such highway jointly and by cooperation and also thereafter expend 
any residue of such funds in the construction, improvement and maintenance 
of any of the main tributary roads leading into such county to county highway. 
For the purpose of cooperation among the several townships in the construc- 
tion of such county to county highways each of such townships may issue 
bonds in proportion to the taxable value of the property returned in such 
townships, respectively, as shown by the books of the auditor of Fairfield 
County, to be expended in the construction of such highway. 

1942 Code § 4334; 1932 Code § 4334; Civ. C. '22 § 1529; 1921 (32) 17. 

§ 33-1638. Tax for interest and sinking fund. 

The interest on such bonds shall be paid semiannually on the first day of 
January and the first day of July each and every year and the county auditor 
and treasurer shall levy and collect on the property in the township a tax 
sufficient to pay the interest on the bonds and to pay one-twentieth or more 
of the principal as it falls due. The one-twentieth or more mentioned above 
and surplus accruing after the payment of the interest on the bonds shall be 
turned over to the county sinking fund commission, to be invested by it in such 
funds as are recognized in law as proper for the investment of trust funds. 

1942 Code § 4337: 1932 Code § 4337; Civ. C. '22 § 1532; 1921 (32) 17. 

§33-1639. Records; reports. ■ 

Each township commission shall keep a book open for the public inspection 
at all reasonable times setting forth all contracts made by it for the con- 
struction and maintenance of roads. It shall also present annually to the 
circuit court of Fairfield County an itemized statement of all funds received 
and disbursed by them and this shall be part of the records of the court. At the 
expiration of the life of any such commission all its contracts, papers and 
books of account shall be turned over to the clerk of court and filed in his office. 
1942 Code § 4344; 1932 Code § 4344; Civ. C. '22 § 1539; 1921 (32) 17. 

§ 33-1640. Sinking fund commission. 

The county supervisor, the county treasurer and clerk of court for Fairfield 

167 



§33-1641 Code of Laws of South Carolina §33-1644 

County are hereby constituted the sinking fund commission for the purpose of 
this article. 

1942 Code § 4346; 1932 Code § 4346; Civ. C. '22 § 1541; 1921 (32) 17. 

§ 33-1641. Annual report of sinking fund commission. 

The sinking fund commission shall annually present to the circuit court of 
Fairfield County an itemized statement of all funds received by it, how they 
have been invested, to whom loaned and on what security. This report shall 
be filed with the clerk of said court. 

1942 Code § 4337: 1932 Code § 4337; Civ. C. '22 § 1532; 1921 (32) 17. 

§ 33-1642. Special road tax elections in townships. 

Whenever one-third of the qualified electors and a like proportion of the 
resident freeholders of any township in Fairfield County shall file a petition 
with the governing body of the county praying for an election upon the 
question of levying a special annual tax to supplement any other tax or ap- 
propriation made for road purposes in such township, the governing body- of 
the county shall order an election, upon the question of levying such tax 
in such township, to an amount not exceeding five mills of the assessed 
taxable property in such township. Such election shall be held at the same 
polling places as were used in the township in the last general election, after 
giving two weeks' notice of the time and place thereof in some newspaper 
published within the county and by posting notice thereof in at least three 
public places in the township. The governing body of the county shall appoint 
three managers to hold the election and all qualified electors residing in the 
township shall be qualified and entitled to vote therein. The election shall 
be conducted as is provided by law for the conduct of general elections. The 
ballots shall be provided according to law and on one ballot shall be printed 
the words: "For special road tax — Yes" and on the other: "For special road 
tax — No". 

1942 Code 5 4347; 1932 Code § 4347; Civ. C. '22 § 1542; 1921 (32) 98. 

§ 33-1643. Simultaneous election of highway commission. 

At the time of voting upon the question of levying such supplemental road 
tax, the electors shall vote for three persons who shall be resident freeholders 
and electors of such township, who shall be known as the highway commission 
for such township. 

1942 Code § 4347; 1932 Code § 4347; Civ. C. '22 § 1542; 1921 (32) 98. 

§ 33-1644. Levy and collection of tax ; repeal. 

Within ten days after such election, if a majority of those voting shall vote 
for such levy, the managers of the election shall furnish the county auditor 
with a statement of the amount so levied and the auditor shall enter such 
amount in the tax duplicates and he shall annually each year thereafter enter 
such amount in the tax duplicates until the levy is repealed by the tax payers 
at an election called as herein provided and he is notified that such levy has 
been repealed. Such election shall be called and notice given in the same way 

16S 



§ 33-1645 Highways, Bridges and Ferries § 33-1652 

and manner as is herein provided for the calling of an election to make the 
levy of such tax. The county treasurer shall collect the tax as other county 
and State taxes are collected. Any tax which may be levied after the first 
day of October in any fiscal year shall not take effect until the next fiscal 
year. Such levy shall be a lien on the property in the township which shall 
be subject thereto in case of default in payment. 

1942 Code § 4348; 1932 Code § 4348; Civ. C. '22 § 1543; 1921 (32) 98. 

§ 33-1645. Disbursement of tax funds. 

The tax so collected shall be paid out by the county treasurer on warrants 
drawn by the township highway commission. It shall be used by the com- 
mission in the construction, maintenance and improvement of the public roads 
in the township. 

1942 Code § 4349; 1932 Code § 4349; Civ. C. '22 § 1544; 1921 (32) 98; 1924 (33) 98. 

§ 33-1646. Borrowing in anticipation of tax. 

In anticipation of the collection of the tax so levied as herein provided, 
the township commission may borrow a sum of money equal to the amount 
proposed to be raised by the levy and to pledge the tax to be raised and 
collected under the provisions of § 33-1644 to secure the sum borrowed. 

1942 Code § 4349; 1932 Code § 4349; Civ. C. '22 § 1544; 1921 {i2) 9S; 1924 '3i) 98. 

Article 17. 

Florence County. 

§ 33-1651. Cutting trees and use of soil near highways. 

The governing body and county manager of Florence County may, whenever 
in their discretion it is deemed necessary for the protection of the safety of 
the traveling public on the public highways in said county or for the improve- 
ment of any such highways, cut any trees, shrubbery, bushes or other growth 
adjacent to such highways or use any gravel or other soil adjacent thereto 
for the improvement of such highways and for the safety of the traveling 
public. When any trees or soil of another is used by the governing body and 
county manager of Florence County for the purpose hereinabove named, they 
shall pay to the owner of such trees or dirt a reasonable compensation to be 
agreed upon by them and the owner and if such an agreement cannot be 
reached as to the price for said trees or soil, the amount of such payment shall 
be left to arbitration by three citizens in said county, one to be selected by 
the owner, one by the governing body and county manager and these two to 
select a third. But the governing body and county manager in lieu of entering 
into an agreement with the owner of such trees or soil may institute con- 
demnation proceedings as provided by law. 

1942 Code § 4366; 1932 Code § 4366; Civ. C. '22 § 2977; 1918 (30) 781; 1932 (37) 1441; 
1935 (39) 440. 

§ 33-1652. Telephone lines on highways. 

Whenever the citizens of any community in Florence County desire to es- 

169 



§33-1661 Conn of Laws or South Carolina §33-1664 

tablish, erect, maintain and operate a telephone line from such community 
to another part of said county it shall be lawful for the poles to carry the 
wires of such telephone line to be placed along any public highway or road 
in the county or such neighborhood road as has become public by prescription. 
But before such poles shall be placed on any such roads or highways the 
consent of the governing body of said county must be given in writing. 
1942 Code § 4367; 1932 Code § 4367; 1923 (33) 640. 

Article 18. 
Georgetown County. 

§33-1661. Road supervisor. 

For the purpose of working and improving the public roads and highways in 
Georgctoivn County, the governing body of the county shall employ a com- 
petent man, to be known as road supervisor, who shall supervise the working 
and improvement of the public roads, have control of the chain gang and other 
forces that may be used for this purpose, under the general direction of the 
governing body of the county, and perform such other duties as the govern- 
ing body of the county may require. The road supervisor shall not be en- 
gaged in any other work but that provided for in this section and shall be 
subject to removal at any time in the discretion of the governing body of the 
county. 

1942 Code § 4402; 1932 Code § 4402; Civ. C. '22 § 1559; Civ. C. '12 § 1935; 1909 (26) 
146; 1920 (31) 1096; 1949 (46) 5. 

§ 33-1662. Contract plan. 

As a supplement to the chain gang work in Georgetoxvn County, the govern- 
ing body of the county may, whenever practicable, have roads worked by the 
contract plan. 

1942 Code § 4403; 1932 Code § 4403; Civ. C. '22 § 1560; Civ. C. '12 § 2056; 1911 (27) 178. 

§ 33-1663. Disposition of tolls, etc., derived from Waccamaw. 

The governing body of the county shall turn over to the county treasurer 
semi-monthly, to wit, on the first and fifteenth day of each month all tolls or 
other revenues derived from the operation of the Waccamaw Ferry and the 
county treasurer shall place the amounts received to the credit of roads, 
bridges and ferries, subject to be drawn out by warrants signed by the govern- 
ing body of the county and to be used for expenses of roads, bridges and 
ferries. The governing body of the county shall keep a correct record of all 
daily receipts of funds derived from said ferry and file a copy of such record 
with the county treasurer when placing the fund in his hands. 

1942 Code § 4401; 1932 Code § 4401; 1929 (36) 92, 837. 

§33-1664. Reports of foremen. 

The foreman of the chain gang and the foreman of all other forces em- 
ployed by the governing body of Georgetown County shall file in the office of 
the governing body for public inspection, on the first day of every month, a 

170 



§33-1671 Highways, Bridges and Ferries §33-1675 

statement showing the number of hands, number of mules and equipment 
worked under him during the preceding month, the mileage of road worked, 
what kind of work done, what roads worked, what equipment purchased for 
his force, what supplies consumed, what repairs and by whom made and shall 
give the governing body an estimate of the supplies and new equipment needed 
for his force for the ensuing month. For his failure to file such statement and 
estimate he shall be liable to forfeit his pay for that month. 
1942 Code § 4393; 1932 Code § 4393; 1925 (34) 216. 

Article 19. 
Greenville County. 

§ 33-1671. Supervisor to appoint overseers of highways. 

The supervisor of Greenville County shall divide the improved highways of 
the county into sections of from five to ten miles each as in his judgment the 
general nature of such highways may suggest. He shall also appoint some re- 
sponsible citizen living upon each section overseer of such section for the 
period of one year beginning with January 1 in each year. 

1942 Code § 4434; 1932 Code § 4434; Civ. C. '22 § 1589; 1919 (31) 116. 

§ 33-1672. Duties of overseers. 

Such overseers shall carefully note the condition of their sections from time 
to time and make report thereof to the supervisor, whereupon the supervisor, 
in his discretion, shall authorize such overseers to make such repairs as may 
be deemed necessary, billing the actual cost thereof to the county. Such bills 
shall be paid by the supervisor out of the appropriation for repairs and main- 
tenance of highways. No indebtedness on this account shall be incurred by 
the overseers without the authority of the supervisor and all bills shall be 
subject to his approval. 

1942 Code § 4435; 1932 Code § 4435; Civ. C. '22 § 1590; 1919 (31) 116. 

§ 33-1673. Overseers to serve without compensation; may engage in work. 

The overseers shall serve without compensation, but may personally engage 
in such repair and maintenance work after a contract for the same, covering 
a particular job, shall have been authorized by the supervisor. 

1942 Code § 4436; 1932 Code § 4436; Civ. C. '22 § 1591; 1919 (31) 116. 

§ 33-1674. Highways affected. 

The improved highways referred to in this article are those improved by 
the highway commission. 

1942 Code § 4437; 1932 Code § 4437; Civ. C. '22 § 1592; 1919 (31) 116. 

§ 33-1675. Construction of cattle underpasses. 

Prior to the construction of any cattle underpass under any existing county 
road in Greenville County the adjacent landowners shall apply to the county 
supervisor for a construction permit. The supervisor shall issue such permit, 
setting forth the point at which the underpass shall be located, the type of 

171 



§ 33-1676 Code of Laws of South Carolina § 33-1684 

materials to be used, the manner in which the underpass shall be constructed 
and such other directions as he may deem advisable. The supervisor shall 
supervise the construction of such underpasses to the end that his specifica- 
tions and directions shall be followed. 

1951 (47) 301. 

§ 33-1676. Expense of such construction ; county equipment not to be used. 

All cattle underpasses constructed in Greenville County under an existing 
county road shall be constructed at the expense of the adjacent landowners. 
["he adjacent landowners shall also pay any expenses in connection with the 
restoring: and repairing of the road to its former condition. The county super- 
visor shall not allow the use of county owned equipment or of the services of 
county employees for the construction of such underpasses. 

1951 (47) 301. 

Article 20. 
Greenwood County. 

§ 33-1681. The Greenwood Highway Commission. 

There is hereby created a commission for Greeinvood County to be known 
as "The Greenwood Highway Commission." 

1942 Code § 4455; 1932 Code § 4455; Civ. C. '22 § 1608; 1919 (31) 550; 1920 (31) 1126. 

§ 33-1682. Appointment, term, etc. 

The Greenwood Highway Commission shall be composed of seven citizens, 
who are qualified electors of Greenwood Count}', to be appointed and com- 
missioned by the Governor upon the recommendation of the majority of the 
county legislative delegation. The commissioners shall hold their office 
for four years and until their successors are appointed and qualified and shall 
be subject to removal by the Governor upon the recommendation of a majority 
of the county legislative delegation. A majority of the county legislative 
delegation shall nominate the chairman of the commission. All vacancies on 
the commission shall be filled by the Governor upon the recommendation of a 
majority of the county legislative delegation. The highway commission so 
appointed shall be a permanent commission, with all the powers conferred 
upon it under the terms and provisions of this article. 

1942 Code § 4456; 1932 Code § 4456; Civ. C. '22 § 1609; 1919 (31) 550; 1920 (31) 1126. 

§33-1683. Pay of commissioners. 

The commissioners shall be paid as compensation for their services a per 

diem for each day actually engaged but in no case shall the total amount paid a 

commissioner exceed the sum of five hundred dollars per annum. 

1942 Code § 4459; 1932 Code § 4459; Civ. C. '22 § 1612; 1919 (31) 550; 1920 (31) 1126; 
1946 (44) 1488; 1951 (47) 506. 

§ 33-1684. General duties of commissioners. 

The duties of the Greenwood Highway Commissioners shall be to make 
contracts and expend all funds appropriated or raised for the building and 

172 



§ 33-1685 Highways, Bridges and Ferries § 33-1688 

permanent improvement of the roads and bridges of the county not in the 

State Highway System. They may make such contracts and purchase such 

material and equipment as in their discretion may be necessary to carry out 

the purpose of this article ; may employ a competent engineer or engineers 

and such other help as they may deem advisable and fix their compensation ; 

may issue authorization to the finance board for the payment of claims 

against the funds appropriated, such authorization to bear the signatures of 

at least four members of the commission. 

1942 Code § 4457; 1932 Code § 4457; Civ. C. '22 § 1610; 1919 (31) 550; 1920 (31) 1126; 
1946 (44) 1488. 

§ 33-1685. Agreements with State Highway Commission. 

The Commission may with the consent of a majority of the legislative 

delegation from Greenzuood County exchange road mileage with the State 

Highway Department and enter into reimbursement agreements with the 

Department when it is determined that any such exchange or reimbursement 

agreement will make a more complete highway system for the county and 

State. 

1942 Code § 4457; 1932 Code § 4457; Civ. C. '21 § 1611; 1919 (31) 550; 1920 (31) 1126; 
1946 (44) 1488. 

§ 33-1686. Location and relocation of roads ; condemnation proceedings. 

The Commission shall locate or relocate any of the highways of the county 
in accordance with the scheme herein set forth, so far as such highways are 
to be reconstructed or surfaced so as to make a permanent roadway, as far 
as possible and practicable, with due regard to distance and grade, and may 
condemn land and acquire rights of way, either for construction or for road 
materials and surfacing, in the same manner as is authorized by law for the 
condemnation of lands and acquisitions of rights of way and in such condemna- 
tion proceedings the Commission may assess benefits to the land so con- 
demned, as well as damages. The damages shall be paid out of the funds in 
the hands of the Commission. 

1942 Code § 4458; 1932 Code § 4458; Civ. C. '22 § 1611; 1919 (31) 550; 1920 (31) 1126; 
1946 (44) 1488. 

§ 33-1687. Selection of roads to be improved. 

The Commission shall select the roads of the county to be improved to the 

end that every section of the county may get the benefits of the provisions of 

this article. Such roads shall be roads not in the State Highway System. 

1942 Code § 4459; 1932 Code § 4459; Civ. C. '22 § 1612; 1919 (31) 550; 1920 (31) 1126; 
1946 (44) 1488. 

§ 33-1688. Postponement of work. 

The Commission may postpone all road work when, in its judgment, such 

postponement will be to the best interest of the taxpayers in Greenivood 

County. 

1942 Code § 4457; 1932 Code § 4457; Civ. C. '22 § 1610; 1919 (31) 550; 1920 (31) 1126; 
1946 (44) 1488. 

173 



§ 33-1689 Code of Laws of South Carolina § 33-1694 

§ 33-1639. Cooperation of supervisor; no effect on supervisor's duties. 

The county supervisor of said county shall assist and cooperate with the 
Commission in carrying on the work herein provided for and in his discretion 
furnish for the use of the Commission the chain gang and road machinery 
of the county whenever requested by the Commission. Nothing in this 
article shall be construed as taking away any of the county supervisor's re- 
sponsibility of maintaining any of the county highways. 

1942 Code § 4460; 1932 Code § 4460; Civ. C. '22 § 1613; 1919 (31) 550; 1920 (31) 1126; 
1921 (32) 106; 1946 (44) 1488. 

§ 33-1690. Expenditure of highway moneys. 

All money appropriated for the highways covered by this article shall be 

expended solely under the direction of the Commission and shall be kept and 

held by the county treasurer separate from other county funds. 

1942 Code § 4457; 1932 Code § 4457; Civ. C. '22 § 1610; 1919 (31) 550; 1920 (31) 1126; 
1946 (44) 1488. 

§ 33-1691. Payment of claims. 

Authorizations issued by the Greenwood Highway Commission for the 
payment of claims against funds appropriated shall be paid in the same man- 
ner as prescribed for other county claims. 

1942 Code § 4457; 1932 Code § 4457; Civ. C. '22 § 1610; 1919 (31) 550; 1920 (31) 1126; 
1946 (44) 1488. 

§ 33-1692. Rules and regulations of commission. 

The Commission may make such rules and regulations as it may deem 

necessary for the proper performance of its duties. 

1942 Code § 4460; 1932 Code § 4460; Civ. C. '22 § 1613; 1919 (31) 550; 1920 (31) 1126; 
1921 (32) 106; 1946 (44) 148S. 

§ 33-1693. Reports. 

The Commission shall report to the county legislative delegation from time 

to time, as may be necessary, with reference to the prosecution of its work 

and the discharge of its duties, as herein provided, and the Commission 

shall annually, at the close of each year, make a full report to the grand jury 

of Greenwood County of its transactions during the year then closed, including 

an itemized statement of the money received and disbursed and for what 

purpose. Such report shall be transmitted by the grand jury to the circuit 

judge presiding at the next succeeding term of court for said county. 

1942 Code § 4460; 1932 Code § 4460; Civ. C. '22 § 1613; 1919 (31) 550; 1920 (31) 1126; 
1921 (32) 106; 1946 (44) 1488. 

§ 33-1694. Examination of books and records. 

The grand jury of said county shall make an annual examination of the 
books, papers, accounts and work of the Commission as they are required by 
law to make of the county officers of said county. The Commissioners' books 

174 



§33-1701 Highways, Bridges and Ferries §33-1705 

and accounts shall be audited annually in the same manner as prescribed for 

auditing other county books. 

1942 Code § 4460; 1932 Code § 4460; Civ. C. '22 § 1613; 1919 (31) 550; 1920 (31) 1126; 
1921 io2) 106; 1946 (44) 14S8. 

Article 21. 
Hampton County. 

§ 33-1701. Approval of new roads or relocation of old ro3ds required. 

The construction of any new county road in Hampton County or the reloca- 
tion of any road is hereby prohibited and declared to be unlawful unless the 
construction of any such new road so proposed or the relocation of any old 
road shall have first been approved by the Senator and the member of the 
house of representatives from Hampton County, any such approval to be ex- 
pressed in writing and filed with the governing body of the county. 

1942 Code § 4489-2; 1938 (40) 1643. 

§ 33-1702. Method of working roads. 

The supervisor of Hampton County may have the roads of said county 
worked by contract, by the overseer plan or by employing superintendents 
of work. 

1942 Code § 4484; 1932 Code § 4484; Civ. C. '22 § 1635; Civ. C. '12 § 2058; 1910 (26) 674. 

§ 33-1703. Work under contract or overseer plans. 

When the roads are worked under the contract system the supervisor shall 
require a suitable bond for the faithful and satisfactory fulfillment of the 
contract and when the roads are worked under the overseer plan the over- 
seer shall make to the supervisor a sworn itemized statement, showing to 
whom the money is paid and the kind and extent of work done. Such state- 
ment shall be filed with the supervisor within thirty days from the time it is 
placed in his hands and the supervisor shall see that the funds provided are 
promptly and economically expended on the roads which are entitled to re- 
ceive them. 

1942 Code § 4485; 1932 Code § 4485; Civ. C. '22 § 1636; Civ. C. '12 § 2059; 1910 (26) 674. 

§ 33-1704. Separate accounts for each township. 

The supervisor of Hampton County shall keep a separate road fund account 

with each township in the county and such accounts shall be submitted to the 

grand jury for their inspection at each session of the court of general sessions. 

1942 Code §§ 44S4, 4485; 1932 Code §§ 4484, 44SS; Civ. C. '22 §§ 1635, 1636; Civ. C. '12 
§§ 2058, 2059; 1910 (26) 674. 

§ 33-1705. Work on bridges not to be let out by contract. 

The governing body of Hampton County shall not let out by contract the 

repairing or building of any bridge which can be repaired or built by a chain 

gang force. 

1942 Code § 4472; 1932 Code § 4472; Civ. C. '22 § 1623; Civ. C. '12 § 1079; 1908 (25) 
1206. 

175 



§33-1706 Com-, of Laws of South Carolina §33-1731 

§ 33-1706. Material used in small bridges. 

All material used in small bridges by the governing body of Hampton Coun- 
ty shall be of the best lightwood or cypress, hewn by the convicts on the 
chain gang, when such work may be practicable. 

1942 Code § 4472; 1932 Code § 4472; Civ. C. '22 § 1623; Civ. C. '12 § 1079; 1908 (25) 
1206. 

§ 33-1707. Throwing sand in road prohibited. 

The throwing up of sand in high sandy roads in Hampton County without 
mixing clay with the sand is hereby prohibited. 

1942 Code § 4476; 1932 Code § 4476; Civ. C. '22 § 1627; Civ. C. '12 1083; 1908 (25) 1207. 

§ 33-1708. Penalty for violating certain sections. 

Any member of the governing body or other officer of Hampton County 
who shall violate the provisions of §§ 33-1705 to 33-1707 shall be guilty 
of a misdemeanor, shall be removed from his office by the Governor and, upon 
trial and conviction, shall be punished by a fine of not less than two hundred 
dollars or by imprisonment for not less than three months. 

1942 Code § 4476-1; 1932 Code § 1587; Cr. C. '22 § 542; Cr. C. '12 § 595; 1908 (25) 1207. 

Article 22. 
Kershaw County. 

§ 33-1729. Supervisor of road construction, Kershaw County. 

The office of supervisor of road construction for Kershaw County is hereby 
created. The supervisor of road construction shall be appointed by the Gov- 
ernor upon the recommendation of the county legislative delegation, including 
the Senator, to serve for a term of two years or until his successor has been 
duly appointed and qualified. 

1951 (47) 194. 

§33-1730. Duties. 

The supervisor of road construction shall hire and discharge all personnel 
employed in the construction of roads in Kershaw County. In addition he 
shall purchase all gravel and asphalt to be used on the construction of new 
roads in the county and may purchase any equipment to be used in this pro- 
gram that does not cost more than one thousand dollars. The supervisor 
shall work with and cooperate with the engineers of the State Highway De- 
partment in grading and hardsurfacing the roads in the county. 

1951 (47) 194. 

§33-1731. Opening of new roads. 

Before the governing body of Kershaw County proceeds to open any new 
road it shall call in the arbitration board to vote with it on the open- 
ing of such road and a majority of both boards combined shall prevail. 

1942 Code § 4519; 1932 Code § 4520; 192.5 (33) 51. 

176 



§ 33-1732 Highways, Bridges and Ferries § 33-1744 

§ 33-1732. Source of funds ; vouchers. 

The purchase of supplies and equipment shall be paid for out of the regular 
funds allocated for the construction of paved roads and public works for 
Kershaw County. 

The governing body of the county shall honor all vouchers presented to 
it for the purchase of material and supplies as outlined in § 33-1730 and 
all vouchers so presented must be countersigned by the supervisor. 

1951 (47) 194. 

§ 33-1733. Chain gang superintendent to furnish equipment and men. 

The superintendent of the Kershaw County chain gang shall furnish upon 
request to the supervisor of road construction any or all county road equip- 
ment and men, including both county employees and convicts serving time on 
the gang, and shall otherwise cooperate with the supervisor. 

1951 (47) 194. 

Article 23. 

Lancaster County. 

§ 33-1741. Authority over highways and bridges ; maintenance. 

The governing body of Lancaster County shall have authority over all of 
the county highways and bridges and may open and construct new highways 
therein whenever the public interest demands. It shall, by the chain gang and 
such other forces as it employs, see that the highways and bridges of said 
county are kept in proper repair and, whenever it can be done without injury to 
the public good, such governing body shall contract with citizens of said 
county for the construction and maintenance of such highways. Such main- 
tenance, if let to contract, shall be in sections of roads and such governing 
body shall require the contractors to maintain such sections by repairing and 
scraping them or otherwise, as directed by such governing body in the con- 
tract. 

1942 Code § 4540; 1932 Code § 4540; 1927 (35) 60; 1947 (45) 5. 

§ 33-1742. Road supervisor. 

The governing body of Lancaster County shall appoint and employ a com- 
petent person to be known as road supervisor whose term of office shall be 
coterminal with that of the members appointing him. All contracts for the 
construction and maintenance of roads and bridges shall be under the ap- 
proval and supervision of such road supervisor and no voucher for the pay- 
ment of such work shall be issued except upon the approval of such road super- 
visor and a majority of the governing body of the county. No member of 
such governing body shall be appointed or employed as road supervisor. 

1947 (45) 5. 

§33-1743. Blank. 

§ 33-1744. Survey of proposed new route. 

Whenever in the opinion of the governing body of Lancaster County it shall 
[4 SC Code] — 12 17/ 



§33-1745 Code of Laws of South Carolina §33-1748 

l>c advisable to change the route of any public road or to open any new road 

in said county, a person selected by the governing body of the county shall 

proceed to mark out the route of the proposed change or new road and for 

this purpose he is hereby vested with authority to go upon any land in said 

count}- with his assistants. 

1942 Code § 4568; 1932 Code § 456S; Civ. C. '22 § 1715; 1912 (27) 859; 1920 (31) 757; 
1947 (45) 5. 

§ 33-1745. Establishment of damages from new route. 

When any such proposed change or new road is located, said governing 

body shall appoint one qualified elector of said county ami the person over 

whose land the proposed route is to run shall also appoint one such qualified 

elector and the two thus appointed shall appoint one other such qualified 

elector, the three thus appointed to constitute a board of arbitration. The 

board of arbitration may go upon the land over which the proposed route may 

go and examine it and shall report in writing to the governing body of the 

county forthwith the damages which, in their opinion, such person would 

suffer by reason of such proposed change or new road. 

1942 Code § 4568; 1932 Code § 4568; Civ. C. '22 § 1715; 1912 (27) 859; 1920 (31) 757; 
1947 (45) 5. 

§ 33-1746. Appeal to court of common pleas; judgment. 

The governing body of the county or any person over whose land such pro- 
posed change or route is to go may appeal, within ten days from the filing 
of such report in the office of the chairman of the governing body from 
such report to the court of common pleas for said county at the next reg- 
ular term where an issue shall be made and submitted to a jury under the 
instructions of the presiding judge. The amount of damages awarded by 
any such jury shall, upon an order signed by the presiding judge, be a judg- 
ment against the county upon which execution may issue, unless reversed 
on appeal to the Supreme Court as herein provided. 

1942 Code § 4568; 1932 Code § 456S; Civ. C. '22 § 1715; 1912 (27) 859; 1920 (31) 757; 
1947 (45) 5. 

§33-1747. Appeal to Supreme Court. 

The governing body of the county or any person over whose land any such 

proposed change or new road may go may appeal from the verdict of such 

jury and the rulings, charge and conduct of the trial by such presiding judge 

to the Supreme Court upon giving notice in writing to the adverse party 

within ten days after the rising of the court. 

1942 Code § 4568; 1932 Code § 4568; Civ. C. '22 § 1715; 1912 (27) 859; 1920 (31) 757; 
1947 (45) 5. 

§ 33-1748. Rights of county pending appeals. 

No appeal from the report of the board of arbitration or the verdict of the 
court of common pleas shall prevent the county authorities from proceeding 
with the work on any such proposed change or new road. 

1942 Code § 4568; 1932 Code § 456S; Civ. C. '22 § 1715; 1912 (27) 859; 1920 (31) 757; 
1947 (45) 5. 

17S [4SCCode] 



§33-1749 Highways, Bridges and Ferries §33-1755 

§33-1749. Title acquired by county. 

^Yhen any proposed change of the bed of an old road or the bed of a new 

road in said county is thus acquired the title thereto to such width, not less 

than twenty feet, as the governing body of the county may deem necessary 

shall vest in Lancaster County for road purposes only as long as it shall be 

used therefor. 

1942 Code § 4568; 1932 Code § 456S; Civ. C. '22 § 1715; 1912 (27) 859; 1920 (31) 757; 
1947 (45) 5. 

§33-1750. Blank. 

§ 33-1751. Working public roads not previously worked. 

All public roads of Lancaster County that have not already been worked 

shall, as speedily as possible, be laid off by a road engineer for such work and 

the governing body of the county shall as speedily as possible let such work 

to contract in sections, not exceeding the estimate for such work made by the 

road engineer in charge. If such roads cannot be let to contract within a 

reasonable time they shall be worked by any county force available and the 

governing body shall facilitate the working of such roads as much as possible. 

1942 Code § 4564; 1932 Code § 4564; Civ. C. '22 § 1711; Civ. C. '12 § 2070; 1911 (27) 
174; 1916 (29) 757; 1947 (45) 5. 

§33-1752. Blank. 

§ 33-1753. Use of chain gang or contract work for maintenance. 

The chain gang of Lancaster County shall be used for the maintenance of 

all county roads, paved and unpaved, not in the State highway system, lying 

beyond the limits of any town or city in Lancaster County, care being taken 

by the governing body of the county to distribute such road work as equally as 

possible throughout the county. If it is to the best interest of the county, the 

governing body of the county may contract such road work. 

1942 Code § 4563; 1932 Code § 4563; Civ. C. '22 § 1710; Civ. C. '12 § 2069; 1911 (27) 
173; 1916 (29) 757; 1947 (45) 5; 1949 (46) 33. 

§ 33-1754. Contracts for maintenance or construction. 

Whenever the repair or maintenance of the roads or the construction of 

permanent roads may be more advantageously done by contract than by the 

county forces the governing body of Lancaster County may let such work to 

contract under the terms herein mentioned. 

1942 Code § 4566; 1932 Code § 4566; Civ. C. '22 § 1713; Civ. C. '12 § 2072; 1911 (27) 
174; 1947 (45) 5. 

§ 33-1755. Maintenance of unpaved streets. 

The governing body of Lancaster County may within its discretion maintain 
any unpaved streets in the towns of the county. 

1949 (46) 33. 

179 



§ 33-1756 Code of Laws of South Carolina § 33-1760 

§ 33-1756. Width of permanent roads ; straightening same. 

No permanent road in Lancaster County shall be less than twenty feet in 

width and as much wider as the governing body of the county may determine. 

Permanent roads shall be straightened wherever to the material interest of 

the county. 

1942 Code § 4563; 1932 Code § 4563; Civ. C. '22 § 1710; Civ. C. '12 § 2069; 1911 (27) 
173; 1916 (29) 757; 1947 (45) 5. 

§ 33-1757. Blank. 

§ 33-1758. Construction of bridges. 

One mill of the five mill levy on property, if so much be necessary, shall be 
deemed a fund for the construction of permanent bridges in Lancaster Count}'. 
Such fund shall be used only when necessary to construct new bridges. Per- 
manent bridges shall be constructed of reinforced concrete or steel, care be- 
ing taken by the governing body of said county to use such form of structure 
as will most economically serve the interest of the count} - . If the sum raised 
by such one mill be insufficient for the construction of bridges in any year, 
the governing body of said county may supplement such fund by drawing on 
the general road and bridge fund. 

1942 Code § 4558; 1932 Code § 4558; Civ. C. '22 § 1705; Civ. C. '12 § 2064; 1911 (27) 
172; 1947 (45) 5. 

§ 33-1759. Road funds. 

All levies arising from the levy of taxes for road purposes fixed by the Gen- 
eral Assembly and all funds received from the State Highway Commission 
or from any other source for roads shall be credited by the county treasurer 
to the road fund and be subject only to the check of the governing body of 
Lancaster County as provided herein. 

1947 (45) 5. 

§ 33-1760. Disbursement of road funds. 

The county treasurer shall keep the road fund separate from all other funds 

and shall pay it out only upon the warrant of the chairman of the governing 

body of the county and clerk of such governing body and every such warrant 

shall show for what purpose it is drawn, whether for permanent repair or 

maintenance of roads, and what road repair or building of bridges, purchase 

of supplies, material, road machinery, pay of salaries or any other purpose so 

that such warrant shall be a record and check of such payment. When work 

is being done under the supervision of a road engineer, except when such 

work is done by the chain gang or a regular road force of the county, no such 

warrant shall be issued until such work is approved by the road engineer and 

warrants for the purchase of material used in such work shall not be issued 

without the approval of such engineer when such material is purchased under 

the direction of such engineer. 

1942 Code § 4557; 1932 Code § 4557; Civ. C. '22 § 1704; Civ. C. '12 § 2063; 1911 (27) 
171; 1916 (29) 757; 1947 (45) 5. 

180 



§ 33-1761 Highways, Bridges and Ferries § 33-1782 

§33-1761. Quarterly expenditures not to exceed one-fourth annual appropria- 
tions. 

The governing body of Lancaster County shall not expend in any one quarter 
of a year for road and bridge purposes a sum in excess of one-fourth of the 
total amount appropriated in the county supply act for that year for that pur- 
pose. Such governing body shall not borrow any funds or obligate the county 
to any person for the purchase of any material for any such purposes during 
any one quarter in an amount in excess of such quarterly sum. The county 
treasurer shall not honor a claim against the county for road and bridge 
services for la' or or material when they have been contracted in violation of 
the provisions of this section. Should such a situation arise as to make it ad- 
visable in the public interest then the governing body may expend in a par- 
ticular quarter an amount in excess of one-fourth of the amount appropriated 
and the treasurer may pay such amounts if the governing body and the county 
treasurer shall have written instructions to do so signed by a majority of the 
county legislative delegation including the Senator. 

1947 (45) 5. 

Article 24. 
Laurens County. 

§ 33-1771. Cutting timber near highways. 

The governing body of Laurens County may enter upon any land contiguous 
to any highway in the county for the purpose of cutting down and removing 
such standing timber as in its judgment obstructs or interferes with the proper 
maintenance of such highway ; provided, that just compensation shall be made 
to the owner thereof. For this purpose said governing body is vested with 
the same power of condemnation as is vested in it for the acquisition of rights 
of way for public highways, to be enforced in the same manner. 

1942 Code § 4574; 1932 Code § 4574; Civ. C. '21 § 2991; 1916 (29) 759. 

Article 25. 

Lexington County. 

§ 33-1781. Employment of road-builder. 

The governing body of Lexington County shall, by and with the approval 

of the majority of the county legislative delegation, appoint some competent 

road-builder, at a salary to be fixed by the governing body, who shall supervise 

all road construction and maintenance work within the county, under the di 

rection of the governing body of the county. 

1942 Code § 4588; 1932 Code § 4588; 1923 (33) 35; 1924 (33) 1138; 1929 (36) 169; 1933 
(38) 1. 

§ 33-1782. Inspections and report of road work in districts. 

Each member of the governing body of Lexington County shall make fre- 
quent inspections of all road work or construction being done within his dis- 

181 



§ 33-1783 Code of Laws of South Carolina § 33-1793 

trict and make report of the condition of such work to the governing body of 
the county as often as may be necessary and expedient. 
1942 Code § 4590; 1932 Code § 4590; 1923 {33) 35. 

§ 33-1783. Closing road bridge or ferry. 

It shall be unlawful for any person to close any public road, bridge or ferry 
within Lexington County which is maintained at the public expense without 
first obtaining the permission of the governing body of the county. The gov- 
erning body of the county may consent to the closing of any such road, bridge 
or ferry in the county by any person who desires to have any such road, bridge 
or ferry closed by impounded water or otherwise upon such terms and condi- 
tions as may be agreed upon by and between the governing body of the 
county and such person desiring to close any such road, bridge or ferry. Any 
person who shall close any such road, bridge or ferry, by impounded water or 
otherwise, without first obtaining the permission of the governing body of the 
county shall be subject to a fine of not less than five hundred dollars and in 
addition thereto shall be liable for such damages as may result to the county 
by reason of the closing of such road, bridge or ferry. The governing body of 
the county may institute for and on behalf of the county such action as may be 
necessary to enforce the payment of the fine provided for as well as the dam- 
ages which may accrue to the county. 

1942 Code § 4588; 1932 Code § 4588; 1923 (33) 35; 1924 {33) 1138; 1929 (36) 169; 1933 
(38) 1. 

Article 26. 

Marlboro County. 
§ 33-1791. Highway districts. 

The governing body of Marlboro County may subdivide the county, with 
respect to roads, highways and bridges, into such districts or sections as it 
may deem best for the public interest. 

1942 Code § 4625; 1932 Code § 4625; 1923 (33) 55. 

§ 33-1792. System of county highways. 

The governing body of Marlboro County shall lay out a system of county 
highways, comprising the main thoroughfares of the county, and shall pro- 
vide such a system of construction and maintenance of such highways as shall 
carry out a systematic improvement thereof. 

1942 Code § 4625; 1932 Code § 4625; 1923 (33) 55. 

§33-1793. Maintenance department. 

The governing body of Marlboro County shall make adequate provision for 
the maintenance and upkeep of all roads that are constructed under its author- 
ity and shall maintain and operate a maintenance department, providing for 
such sections or units as will adequately accomplish the purpose of keeping 
the roads, bridges and highways of the county in good condition. The funds 
appropriated for the maintenance department shall be kept separate and apart 
from the other funds of the county and used exclusively for the maintenance 

182 



§ 33-1794 Highways, Bridges and Ferries § 32-1805 

and upkeep of the roads under such proper rules and regulations as may be 
established by the governing body of the county. 
1942 Code § 4628; 1932 Code § 4628; 1923 (33) 55. 

§ 33-1794. Supervisor to watch roads and cooperate in prosecuting persons 
damaging them. 

The supervisor of Marlboro County shall vigilantly watch and inspect the 
public roads of the county and immediately swear out a warrant for any one 
who plows into or otherwise mars or damages any of such public roads. He 
shall cooperate with the officers of the county in the strict enforcement of 
this section and the prosecution of such offenders. 

1942 Code § 4621; 1938 (40) 1624. 

Article 27. 
Newberry County. 

§ 33-1801. Additional compensation and transportation for supervisor of roads. 

In addition to the salary provided by law for the supervisor of roads of New- 
berry County, he shall receive transportation services and compensation in 
such manner and amount as may be fixed by the governing body of said coun- 
ty, such compensation to be paid out of such funds as may be provided therefor 
in the general county supply act. 

1942 Code § 4683; 1932 Code § 4683; 1926 (34) 909; 1930 (36) 1262. 

§ 33-1802. Bonding of certain highway officers. 

The maintenance officer, chosen by the governing body of Newberry County 
and the chief mechanic in charge of the Newberry highway garage shall each 
be required to give bond in a surety company, to be approved by the county 
attorney, in the sum of one thousand dollars for the faithful performance of 
their respective duties as prescribed by the governing body of the county. 
The premiums upon such bonds shall be paid out of the county treasury. 

1942 Code § 4666-1; 1932 Code § 4684; 1930 (36) 1952. 

§ 33-1803. Selection of roads for improvement or new roads. 

The governing body of Ncivberry County shall, in the selection of the roads or 
highways to be improved and in the location of new roads, have regard, so 
far as may be practicable, for the established routes of travel and the demands 
of the population in the various parts of the county. 

1942 Code § 4676; 1932 Code § 4676; Civ. C. '22 § 1819; 1920 (31) 1025; 1930 (36) 1262. 

§ 33-1804. Bids required on contracts. 

The governing body of the county shall, so far as practicable, let out all 
road work upon contracts and all contracts let shall be let to the lowest re- 
sponsible bidder after due advertisement of the letting of any contract. 

1942 Code § 4678; 1932 Code § 4678; Civ. C. '22 § 1821; 1920 (31) 1025; 1930 (36) 1262. 

§ 33-1805. Supervisor may employ and discharge road maintenance forces. 
The supervisor of Neivberry County may make all contracts relating to the 

183 



§ 33-1806 Code of Laws of South Carolina § 33-1810 

employment of persons on the road maintenance forces of the county. Like- 
wise he may discharge any such employee when the employee fails to perform 
his duties in a manner satisfactory to the supervisor. 
1942 Code § 4C83-2; 1940 (41) 1799. 

§ 33-1806. Employment of unnecessary or inefficient help. 

In the event that the supervisor either employs more people than are rea- 
sonahly necessary to perform the work at hand or employs any one or more 
persons who are inefficient in the judgment of the two other members of the 
governing body of the county and such matter is brought to the attention of 
the supervisor and he refuses to correct the situation complained of, then upon 
written request filed with the county legislative delegation the delegation shall 
investigate the merits of the complaint at an open hearing and render its 
decision by which the governing body of the county shall be governed. 

1942 Code § 4683-2; 1940 (41) 1799. 

§ 33-1807. Employment of foreman and hands. 

The supervisor and governing body of Newberry County may organize as 
many working gangs or squads to work on the public roads of said county as 
in their judgment may be necessary by employing a suitable person as fore- 
man, who has sufficient judgment to work roads, repair bridges and do any 
work pertaining to the preservation of roads and bridges and employing as 
many hands as in the judgment of the supervisor and governing body may be 
deemed advisable to work in one gang or squad. The foreman and hands so 
employed shall be paid only when at work out of any funds available for the 
improvement of roads, bridges and ferries, from whatever source derived. 

1942 Code § 4653; 1932 Code § 4653; Civ. C. '22 § 1797; 1912 (27) 865. 

§ 33-1808. Foremen given list of hands. 

The supervisor and governing body shall furnish such foremen with lists 
of such hands as may be assigned to their respective gangs or squads and 
designate to them the roads that are to be worked under their management 
and supervision. 

1942 Code § 4653; 1932 Code § 4653; Civ. C. '22 § 1797; 1912 (27) 86S. 

§33-1809. Blank. 

§ 33-1810. Protection of bridges against traction engines. 

All persons driving, transporting or conveying an}- traction or other engine 
weighing over fifteen thousand pounds upon or across any bridge in Newberry 
County shall lay upon such bridge suitable skids or other appliances for pro- 
tecting it from injury by the passage of such engine upon or across it. Any 
violation of this provision shall be punished by a fine of not exceeding one 
hundred dollars or imprisonment for not exceeding thirty days. 

1942 Code § 4657; 1932 Code §§ 4657, 1677; Civ. C. '22 § 1801; Cr. C. '22 § 624; 1914 (28) 
852; 1915 {29) 396. 

184 



§33-1811 Highways, Bridges and Ferries §33-1816 

§ 33-181 1. Budget for roads and chain gang. 

The governing body of Newberry County shall make up a yearly budget at 
the beginning of each fiscal year which shall provide for the expenditure of all 
funds used for the maintenance, construction and upkeep of the roads of the 
county and for the maintenance of the county chain gang. 

1942 Code § 4683-3; 1940 (41) 1799. 

§ 33-1812. Equitable distribution of expenditures. 

The supervisor and the governing body are hereby instructed and di- 
rected to have due regard for an equitable distribution of the money expended 
and the work done in the several townships of the county, as required by law. 
The work shall proceed, so far as practicable, simultaneously in different por- 
tions of the county, so that all portions of the county may enjoy the benefits 
of the same as soon as possible. 

1942 Code §§ 4653, 4678; 1932 Code §§ 4653, 4678; Civ. C. '22 §§ 1797, 1821; 1912 (27) 
865; 1920 (31) 1025; 1930 (36) 1262. 

§ 33-1813. Apportionment of appropriations throughout year. 

The county supervisor and the governing body of Newberry County shall 
so apportion the appropriation for maintenance of convicts and road working 
organization as to cover the total expenses on account of these items for the 
entire fiscal year for which they may be appropriated. 

1942 Code § 4649; 1932 Code § 4649; Civ. C. '22 § 1793; 1912 (27) 731. 

§ 33-1814. Work sheets to show work to be done. 

The governing body of Newberry County shall make up and file in its office 
a monthly work-sheet which shall, at all times, be open to the general public 
and which shall show upon which reads, bridges and projects the chain gang 
and road maintenance forces are to be employed during each calendar month. 
But in case of any emergency the governing body may make such necessary 
changes in the use of the road maintenance and chain gang forces as may be 
warranted by such emergency. 

1942 Code § 4683-3; 1940 (41) 1799. 

§ 33-1815. Reports of foreman and county supervisor. 

The supervisor and governing body of Newberry County shall require the 
road foremen employed to work roads under the provisions of § 33-1807 to 
make monthly report of the number of days and number of hours worked 
and the number of hands employed on their separate roads and to report also 
condition of the roads assigned to them to work. The county supervisor shall 
publish in his quarterly report a statement of the number of days' work per- 
formed by these work squads or gangs and by the county chain gang in each 
township of the county or by contract or otherwise. 

1942 Code § 4653; 1932 Code § 4653; Civ. C. '22 § 1797; 1912 (27) 865. 

§ 33-1816. Annual inventory of road machinery, etc. 

The supervisor of Newberry County shall make or cause to be made an an- 
nual inventory of all equipment, tools, machinery and accessories used for the 

185 



§ 33-1821 Code of Laws of South Carolina § 33-1832 

maintenance of the roads, bridges and ferries within the county, such inven- 
tory to include in addition all equipment, farm products and cattle of all kind 
at the county farm. The inventory shall be sworn to by the county super- 
visor. The supervisor shall file the inventor}' with the clerk of court not later 
than the 15th of January and the inventory shall be open for public inspection 
at all times. 

Any violation of the provisions of this section by the supervisor shall be 
construed as a violation of good faith in the performance of his duty as a duly 
qualified bonded officer of the county and the county attorney shall file claim 
against his bond and prosecute it to conclusion by any legal action necessary 
thereto. 

1942 Code § 4652-1; 1932 (37) 1151. 

Article 28. 

Oconee County. 

§ 33-1821. Duties of advisory board with respect to roads. 

In addition to the other duties devolved upon such board the advisory 

board of Oconee County shall have joint control of the county chain gang and 

shall prepare and keep a record of the roads, with the number of miles of each 

highway and the number of bridges over ten feet in length on each of said 

roads. 

1942 Code § 46S8; 1932 Code § 4688; Civ. C. '22 § 1830; Civ. C. '12 § 941; 1903 (24) 
26; 1919 (31) 27. 

Article 29. 

Orangeburg County. 

§ 33-1831. Director of maintenance and assistants. 

The Orangeburg County highway commission shall elect a director of main- 
tenance, with such superintendents and assistants as may be deemed advisable, 
who shall be skilled and experienced in scientific and practical permanent 
road and bridge construction and shall be paid from the funds in its hands 
such salaries as may be fixed by the commission with due regard to the eco- 
nomical administration of said funds. 

1942 Code § 4699; 1932 Code § 4699; Civ. C. '22 § 1835; 1912 (27) 656; 1916 (29) 815; 
1918 (30) 840; 1919 (31) 281; 1921 (32) 73; 1933 (38) 561. 

§ 33-1832. County roads and township roads. 

The Orangeburg County highway commission shall divide or classify all of 
the roads and highways in the county in two classes, to wit : county highways 
and township roads. The county highways shall be the roads and highways 
in the county which lead most directly (a) from the courthouse to the towns 
in the county, (b) from town to town and (c) from the courthouse and towns 
in the county to the county line in the direction of a town in an adjoining 
county. All of the roads of the county that come within this classification are 

1S6 



§ 33-1833 Highways, Bridges and Ferries § 33-1837 

designated as county highways. All of the roads within the county not within 

this classification shall be designated as township roads. 

1942 Code § 4703; 1532 Code § 4703; Civ. C. '22 § 1S39; 1912 (27) 656; 1916 (29) 815; 
1918 (30) 840; 1919 (31) 281; 1921 (32) 73. 

§ 33-1833. General powers of commission. 

The Orangeburg County highway commission shall make contracts and 

expend all funds for the construction, building and permanent improvement 

of the roads, bridges and culverts of the county, especially appropriated 

or raised therefor, together with their proper maintenance. It shall also 

apportion township road funds specially appropriated among the various 

townships according to the mileage of roads of the respective townships. 

1942 Code § 4699; 1932 Code § 4699; Civ. C. "22 § 1S3S; 1912 (27) 656; 1916 (29) 815; 
1918 (30) 840; 1919 (31) 281; 1921 (32) 73; 1933 (38) 561. 

§ 33-1834. Location and relocation of roads. 

The Orangeburg County highway commission shall locate or relocate any 
of the highways of the county in accordance with the scheme herein set forth 
so far as they are to be reconstructed or surfaced, so as to make a permanent 
roadway, as far as possible and practicable, with due regard to distance and 
grade. 

1942 Code § 4705; 1932 Code § 4705; Civ. C. '22 § 1841; 1921 (32) 73. 

§ 33-1835. Powers of commissioners in their several districts. 

The several commissioners of the Orangeburg County highway commission 
shall have exclusive control and management of the roads in their respective 
townships in Orangeburg Count}' designated as township roads. Said com- 
mission shall, by such rules and regulations as it may make, determine and 
provide generally the methods and means by which each commissioner shall 
construct and maintain the roads in his particular district under his individual 
control, provided that such regulations shall be so made as to fairly and 
equitably care for the roads in each district as far as the resources available 
for such purpose shall allow. 

1942 Code § 4696; 1932 Code § 4696; Civ. C. '22 § 1832; 1921 (32) 73; 1932 (37) 1428. 

§ 33-1836. District lines to be disregarded in making expenditures. 

All moneys hereafter appropriated or authorized to be spent for the main- 
tenance and construction of roads or for the purchase of road machinery and 
equipment shall be expended without regard to highway district lines within 
the county. 

1949 (46) 52. 

§ 33-1837. Several methods of road building. 

The Orangeburg County highway commission may build any section of 
road or any entire highway herein referred to by contract, with the chain gang 
of said count}' or with hired labor, under the supervision and direction of the 
director of maintenance, who shall be charged with the general oversight 
and supervision of all roads so constructed and improved, due regard being 

187 



§33-1838 Code ok Laws ok South Carolina §33-1842 

had to the nature and amount of traffic over such roads and to the construc- 
tion necessary to withstand such traffic. The commission may discharge at 
any time any employee whose services shall he unnecessary or shall not be 
satisfactory to the director of maintenance or to the commission. 

1942 Code § 4706; 1932 Code § 4706; Civ. C. '22 § 1842; 1912 (27) 656; 1916 (29) 815; 
1918 (30) 840; 1919 (31) 281; 1921 (32) 73; 1933 (38) 561. 

§33-1838. Letting of contracts. 

Before letting any contract for work, material or supplies, the commission 

shall advertise for bids and shall let the contract to the lowest responsible 

bidder or it may reject any and all bids. 

1942 Code § 4706; 1932 Code § 4706; Civ. C. '22 § 1842; 1912 (27) 656; 1916 (29) 815; 
1918 (30) 840; 1919 (31) 281; 1921 (32) 73; 1933 (38) 561. 

§ 33-1839. Working of chain gang ; guards, etc. ; funds. 

When contracts are not let and the roads are to be constructed and im- 
proved under the personal direction of the director of maintenance or engi- 
neers and employees, the various chain gangs of the county are hereby placed 
at the services of the commission under its supervision and the commission 
may appoint all necessary captains, guards and foremen of such chain gangs, 
with authority to discharge them when their duties are being neglected or for 
other just causes. The chain gangs of said county are to be maintained out of 
the funds in the hands of the commission specifically apportioned or placed 
in the hands of the commission for such expenditures. 

1942 Code § 4706; 1932 Code § 4706; Civ. C. '22 § 1842; 1912 (27) 656; 1916 (29) 815; 
1918 (30) 840; 1919 (31) 281; 1921 (32) 73; 1933 (38) 561. 

§ 33-1840. Assignment of chain gangs ; control thereof. 

The various chain gangs of the county shall continue to be under the con- 
trol of the Orangeburg County highway commission, which shall assign the 
several gangs as the needs of the county require and so that the benefits 
thereof shall be equitably distributed among all the people of the county. But 
when any chain gang shall have been assigned to any road district, it shall at 
all times be under the control of the county highway commission in the per- 
formance of work in such road district to which it has been assigned. 

1942 Code § 4696; 1932 Code § 4696; Civ. C. '22 § 1832; 1921 (32) 73; 1932 (37) 1428. 

§ 33-1841. State and Federal aid. 

The Orangeburg County highway commission may cooperate with the State 

Highway Department in such manner as may be necessary for the purpose of 

securing to the county the advantage of participation in any funds that may be 

apportioned for road construction to the State by the government of the 

United States or to the county by the State. The commission may also accept 

the services of road experts tendered by the Federal Government. 

1942 Code §§ 4699, 4701; 1932 Code §§ 4699. 4701: Civ. C. '22 §§ 1835, 1837; 1912 (27) 
656; 1916 (29) 815; 1918 (30) 840; 1919 (31) 281; 1921 (32) 73; 1933 (38) 561. 

§ 33-1842. Purpose of article. 

It is the purpose of this article to enable the Orangeburg County highway 

188 



§ 33-1851 Highways, Bridges and Ferries § 33-1862 

commission permanently to construct, improve and maintain, as far as the 
funds will permit, first of all the main highways and thoroughfares of the coun- 
ty throughout the entire county, or from county line to county line, so as to 
give each section of the county, as far as possible, a permanent highway over 
its main arteries of travel, and after this is done the other public highways of 
said county, according to their importance and amount of travel. 
1942 Code § 4704; 1932 Code § 4704; Civ. C. '22 § 1840; 1921 i.32) 73. 

Article 30. 

Richland County. 

§ 33-1851. Changing or giving names to streets outside of Columbia. 

In any county beyond the borders of any incorporated city or town and 
within a radius of five miles of the center of any city having a population of 
more than sixty thousand and less than seventy thousand according to the 
1940 United States Census, the city engineer of such city and the county engi- 
neer of such county may change or give a name to any street or road and may 
change and give a number to designate each lot of land facing and fronting 
on such street or road a distance of twenty-six feet. Any such changed or 
given name or changed or given number designating such lot of land facing 
thereon, when made, shall be certified to the office of the clerk of the court 
of common pleas and general sessions or to the register of mesne convey- 
ances for such count)' for recordation. But nothing in this section shall apply 
to any street that lies outside the county in which the city hall of such city is 
located. 

1944 (43) 1294. 

Article 31. 

Saluda County. 
§33-1861. Road districts. 

Saluda County shall be divided into road districts as follows : 

(1) No. 1 to be composed of the following school districts: Merchant, 
Butler, Suddath, Emory, Pine Grove, Richland, Sumter, Good Hope, Ridge 
Spring, South Norris and Willow Branch. 

(2) No. 2 to be composed of the following school districts : Ward, Watson, 
Bethlehem, Oak Grove, Fruit Hill, Plum Branch, Trinity, Eulala, Celestia, 
Cedar Grove and Fairfax. 

(3) No. 3 to be composed of the following school districts: Union, Hope, 
Mt. Enon, Zoar, Higgins, Hickory Grove, Enterprise, Bethany, Indian Creek, 
Saluda, Centennial and Eva. 

(4) No. 4 to be composed of the following school districts : Pleasant Grove, 
Holley, Delmar, Fairview, Tillman, Sardis, Clyde, Providence, Batesburg, 
Monetta, Corinth and Cool Springs. 

1942 Code § 4742; 1932 Code § 4742; Civ. C. '22 § 1S63; 1919 (31) 228; 1920 (31) 1123. 

§ 33-1862. Closing of roads. 

The governing body of Saluda County may declare abandoned and close 

189 



§33-1871 Code of Laws of South Carolina §33-1872 

any public road in the county, except State highway roads, when a parallel 
or otherwise suitable road has been provided and adopted by the traveling pub- 
lic as a substitute upon a petition for that purpose being filed with it signed 
by at least one-third of the owners of lands contiguous to such road. Upon 
the filing of such petition the governing body shall give at least ten days' notice 
of a hearing thereon by posting such notice in at least three places on such 
road. Such notice shall also state the fact of the filing of a petition, its object, 
the time and place of the hearing and the name of the particular road or stretch 
of road to be closed. At such hearing any person owning land on such road 
or any person owning land to which such road affords a reasonably convenient 
way of travel shall have the right to be heard in opposition to the closing of 
such road and the governing body of the count}' shall carefully consider the 
evidence submitted on the issue. If it shall appear to the governing body that 
the closing of such road will work no material damage to any of such owners 
of land and the continued maintenance of such road will serve no useful pur- 
pose the road shall be declared abandoned and ordered closed. 
1942 Code § 4753; 1932 Code § 4753; 1930 (36) 2031. 

Article 32. 

Spartanburg County. 

§ 33-1871. Supervisor's authority over highways. 

The county supervisor of Spartanburg County shall maintain all county high- 
ways and bridges and to this end he may employ servants, agents and skilled 
persons to serve in the construction, maintenance and repair of such highways 
and bridges. He may designate the county roads to be surface treated or 
made all weather highways. 

1942 Code § 4761; 1932 Code § 4758; Civ. C. '22 § 1SS9; Civ. C. '12 § 1101: 1911 (27) 66; 
1918 (30) 292; 1920 (31) 1001; 1933 (38) 393; 1934 (38) 1435, 1577; 1935 (39) 148; 1936 
(39) 1435; 1939 (41) 410; 1941 (42) 362; 1949 (46) 612. 

§ 33-1872. Supervisor's duties and powers as to township roads. 

The supervisor of Spartanburg County shall maintain township roads and 
bridges when the cost of such bridges docs not exceed fifty dollars, with funds 
specifically appropriated therefor. He may expend for such purposes also all 
the commutation tax collected in the several townships. He may make con- 
tracts with citizens in the townships, to the extent of the funds in his hands, 
for the systematic maintenance and upkeep of the roads under his supervision. 
He may provide for the systematic dragging of the roads and accept all offers 
for the use of this system of road maintenance under his supervision and he 
may expend for such purposes whatsoever sums he may deem necessary to the 
extent of the funds in his hands. Any unexpended funds shall be retained to 
his credit for road purposes, to be expended by him in each succeeding year. 

1942 Code § 4761; 1932 Code § 475S; Civ. C. '22 § 1889; Civ. C. '12 § 1101; 1911 (27) 66; 
1918 (30) 292; 1920 (31) 1001; 1933 (3S) 3)3; 1934 (3S) 1435, 1577; 1935 (39) 148; 1936 
(39) 1435; 1939 (41) 410; 1941 (42) 362. 

190 



§33-1873 Highways, Bridges and Ferries §33-1912 

§ 33-1873. Supervisor may work reads within municipalities. 

The supervisor of Spartanburg County may construct and maintain roads 
not in the county road system, located within the limits of cities and incor- 
porated towns in the county, which, in the judgment of the supervisor, may be 
for the best interest of the citizens of the county as a whole, provided the cities 
and incorporated towns concerned furnish all necessary materials and the 
work for the cities and incorporated towns does not interfere with the construc- 
tion, repairing and maintenance of county rural and farm-to-market roads. 

1950 (46) 2214. 

§ 33-1874. Cutting timber near highways. 

The governing body of Spartanburg County may enter upon any land con- 
tiguous to the highways of such county for the purpose of cutting down and 
removing such standing timber as in their judgment obstructs or interferes 
with the proper maintenance of such highways; provided, that just compen- 
sation be made to the owner thereof. For this purpose said governing body 
is vested with the same power of condemnation as is vested in it for the acqui- 
sition of rights of way for public highways, to be enforced in like manner. 

1942 Code § 4S74; 1932 Code § 4574; Civ. C. '22 § 2991; 1916 (29) 759. 

Article 33. 
Blank. 

Article 34. 
Union County. 

§ 33-1902. Apportionment of expenses throughout year. 

The supervisor of Union County shall so apportion the appropriation for the 
maintenance of convicts and road working organization as to cover the ex- 
pense on account of these items for the entire fiscal year for which they may 
be respectively appropriated. 

1942 Code § 4819; 1932 Code § 4823; Civ. C. '22 § 1965; 1912 (27) 643; 1927 (35) 233; 
1937 (40) 567. 

Article 35. 

Williamsburg County. 

§ 33-1911. Disposition of license fees collected by clerk of court. 

All moneys collected by the clerk of court of Williamsburg County for li- 
censes of all kinds shall go into the general road fund of the county. 

1942 Code § 4885; 1932 Code § 4885; Civ. C. '22 § 2006; Civ. C. '12 §§ 1120, 2100; 1908 
(25) 1191; 1912 (27) 540; 1916 (29) 86S; 1919 (31) 196. 

§ 33-1912. Acceptance of gifts for road purposes. 

The governing body of Williamsburg County may accept gifts in money, 
material or labor when given or donated unconditionally and for the sole 
purpose of supplementing public funds when such public funds are insufficient 

191 



§33-1913 Code of Laws of South Carolina §33-1924 

to complete or provide necessary or desired repair or improvements of any 

section or bridge of any public road in tbe county. Such gifts or donations can 

be used only upon the section or bridge for which they were given or donated. 

The county supervisor shall keep an accurate account of all such receipts and 

disbursements. 

1942 Code § 4890; 1932 Code § 4890; Civ. C. '22 § 2010; 1912 (27) 540; 1916 (29) 868; 
1919 (31) 196. 

§ 33-1913. Receiving work not in accordance with contract. 

Should the road engineer or tbe supervisor of Williamsburg County receive 
any bridge or sections of road let out by contract which has not been com- 
pleted according to the plans and specifications, in every particular and detail, 
he shall be subject to indictment for a misdemeanor and, upon conviction, 
shall be punished in the discretion of the court. 

1942 Code § 1657; 1932 Code § 1657; Cr. C. '22 § 606; Cr. C. '12 § 656; 1908 (25) 1098, 
1175. 

Article 36. 

York County. 
§33-1921. Supervision of roads. 

The governing body of the county and the county supervisor shall have 
supervision of all roads and all road work in York County. 
1950 (46) 2316. 

§ 33-1922. County engineer and other help. 

The governing body of the county and the county supervisor shall select 
for a period of two years a county engineer from a list to be recommended to 
it by the Chief Highway Commissioner of the State Highway Department. 
The engineer shall be under the supervisor and the governing body and shall 
oversee and be in charge of all road work in the county. The engineer shall 
select and employ such help as is required for the necessary road work in 
the county. The salaries of such employees shall not exceed the amount paid 
for like work by the State Highway Department. 

1950 (46) 2316. 

§ 33-1923. Purchase of equipment, etc. 

The supervisor and governing body of the county may purchase such equip- 
ment and supplies as are necessary for the maintenance or construction of 
the roads in the county. Such purchases shall be made after proper adver- 
tisement and upon obtaining competitive bids submitted in the same manner, 
form and conditions as provided for purchases by the State Highway Depart- 
ment. 

1950 (46) 2316. 

§ 33-1924. Opening new roads or changing old roads ; condemnation. 

The county supervisor and the governing body of the county, or a majority 
thereof, may open up any roads or relocate, discontinue or change the loca- 

192 



§33-1925 Highways, Bridges and Ferries § 32-1C25 

tion of old ones. They may condemn land, surface, soil, trees or other mate- 
rial adjoining or near to the road for the purpose of relocating, widening, 
improving or constructing public highways in case the right of way, surface, 
soil, trees or other material cannot be secured by donation or agreement and 
the landowner may be compensated therefor as in condemnation of rights of 
way as provided by law. 
1950 (46) 2316. 

§ 33-1525. Receiving work not in accordance with contract. 

Should the road engineer or the supervisor of York County receive any 

bridge or section of road let out by contract which has not been completed 

according to the plans and specifications thereof, in every particular and detail, 

he shall be subject to indictment for a misdemeanor and, upon conviction, shall 

be punished in the discretion of the court. 

1942 Code § 1657; 1932 Code § 1657; Cr. C. '22 § 606; Cr. C. '12 § 656; 190S (25) 1098, 
1175. 



[4SCCode] — !3 193 



Title 34. 

Homestead and Other Exemptions.* 

Chap. 1. Homestead Exemption. §§ 34-1 to 34-14. 

2. Other Exemptions, §§ 34-41 to 34-42. 

3. Provisions Applicable to Both Homestead and Other Exemptions, 

§§34-61 to 34-65. 



CHAPTER 1. 

Homestead Exemption. 

Sec Sec. 

34-1. Allowance of homestead; value. 34-8. Application for setting off homestead 

34-2. Setting homestead aside. when no process lodged. 

34-3. Appeal to court. 34-9. Setting off such homestead. 

34-4. Effect of recordation of returns. 34-10. Blank. 

34-5. Procedure when only property worth 34-11. Homestead when debtor dead. 

more than one thousand dollars 34-12. Partition of such homestead. 

and indivisible. 23-13. Waiver of homestead. 

34-6. Same: effect of payment of surplus. 34-14. Validation of certain homesteads set 
34-7. Same; when sale made; disposition off without notice. 

of proceeds. 

§ 34-1. Allowance of homestead ; value. 

A homestead in lands, whether held in fee or any lesser estate, to the value 

of one thousand dollars or so much thereof as the property is worth if its value 

is less than one thousand dollars, with the yearly products thereof, shall be 

exempt to the head of every family residing in this State from attachment, 

levy or sale, in mesne or final process issued from any court upon any judgment 

obtained upon any right of action arising subsequent to the ratification of the 

Constitution of the State of South Carolina in 1868. 

1942 Code § 9085: 1932 Code § 9085: Civ. C. '22 § 5490: Civ. C. '12 § 3711; Civ. C. '02 
§2626; G. S. 1994; R. S. 2126; 1896 (22) 190; 1936 -(39) 1594; Const. 1895, Art. 3, §28. 

I. General Consideration. IV. Head of Family. 

II. Against What Debts Allowed. V. Bankruptcy. 

III. In What Lands Allowed. VI. Judgment Creditors. 

Cross Reference. 
For constitutional provision, see S. C. Const., Art. 3, § 28, and notes. 

I. GENERAL CONSIDERATION. fixed in amount and not affected by sub- 

The legislature can neither extend nor sequent legislation. Keller v. Myers, 5 S. 

restrict the exemption allowed by the Con- C 11 (lb/ 4). 

stitution. Duncan v. Barnett, 11 S. C. 333 Liberal construction. — Provisions for 

(1897). homestead exemptions are such wise and 

When made under existing laws, it is beneficent measures as to require at the 

* As to constitutional provision for homestead exemption, see S. C. Const., Art. 3, § 28. 

195 



§34-1 



Codf of Laws of South Carolina 



§34-1 



hands of the court a liberal interpretation 
and construction in order that the end 
sought to be accomplished may not be de- 
feated. At the same time, it is recognized 
that they must not receive such broad and 
liberal interpretation and construction as 
will make of them instruments of fraud and 
oppression. Bonebrake v. Morrow, 183 
S. C. 170, 190 S. E. 506 (1937), quoting 
Baker v. De Witt, 140 S. C. 114, 138 S. E. 
626 (1927). 

Two things are essential to entitle one 
to the exemption of the homestead. The 
claimant must be the head of a family and 
a resident of this State. Unless these two 
conditions exist in co-ordination, the claim 
of homestead is defeated. Bonebrake v. 
Morrow, 183 S. C. 170, 190 S. E. 506 
(1937). 

Homestead is an absolute exemption, to 
be perpetuated under certain conditions. 
McKeown v. Carroll, 5 S. C. 75 (1874); 
Hardin v. Howze, 18 S. C. 73 (18821; Brad- 
ford v. Buchanan, 39 S. C. 237, 17 S. E. 
501 (1893); Ross v. Bradford, 28 S. C. 71, 
5 S. E. 84 (1888); Mellichamp v. Melli- 
champ, 28 S. C. 125, 5 S. E. 333 (1888); 
Parr v. Lindler, 40 S. C. 193, 18 S. E. 636 
(1893). 

It is not a new estate, nor, prior to the 
Constitution of 1895, did the right to it 
destroy the power to alien or encumber the 
property; But it left the titles intact. Smith 
v. Mallone, 10 S. C. 39 (1878) ; Bull v. Rowe, 
13 S. C. 355 (1880); Elliott v. Mackorell, 19 
S. C. 238 (1883); Ex parte Ray, 20 S. C. 
246 (1883) ; Youngblood v. Lathen, 20 S. C. 
370 (1884); Chafee & Co. v. Rainey, 21 
S. C. 11 (1S84); Chalmers v. Turnipseed, 21 
S. C. 126 (1884) ; Hosford v. Wynn, 22 S. C. 
309 (1885); Cantrell v. Fowler, 24 S. C. 
424 (1886); Voe v. Hanvey, 25 S. C. 94 
(1886); Kctchin v. McCarlcy, 26 S. C. 1, 11 
S. E. 1099 (1886). 

It does not affect the statute of distri- 
bution. Ex parte Ray, 20 S. C. 246 (1883). 

Effect of fraudulent conveyance. — Where 
a husband's fraudulent conveyance is set 
aside, he is still entitled to homestead in 
the land. Wood v. Timmerman, 29 S. C. 
175, 7 S. E. 74 (1888). 

Where the husband fraudulently has land 
conveyed to his wife, he paying the pur- 
chase money, he cannot claim homestead in 
it. Bridgers v. Howell, 27 S. C. 425, 3 S. E. 
790 (18S7). 

Under the Constitution of 1868, and Acts 
of 1872 and 1873, it was limited to the life 
of a childless widow. Chalmers v. Turnip- 
seed, 21 S. C. 126 (1884). 

Under the Constitution of 1868, before the 
amendment of 1880, it could not be claimed 



if the conditions did not CNist or had ceased. 
Hardin v. Howze, 18 S. C. 73 (1882); 
Chalmers v. Turnipseed, 21 S. C. 126 
(1884); Yoc v. Hanvey. 25 S. C. 94 (1886). 

When it may be partitioned. — The home- 
stead set apart to the widow and children 
is discharged from all debts, and on the 
widow's death is subject to partition among 
the children. Stewart v. Blalock, 45 S. C. 
61.22S. E. 774 (1895). 

Conclusiveness of homestead allotment. 
— In view of this chapter a homestead al- 
lotment, whether recorded or not. is final 
and binding between the parties to the 
suit resulting in allotment, but it is not 
final as to other persons, such as existing 
creditors, unless notice of the proceeding is 
given them. McCrae v. Felder, 12 F. (2d) 
554 (1926). 

While a homestead allotment by a bank- 
ruptcy court is binding on the creditors 
filing claims, it is not binding on those who 
had not been made parties, nor had notice of 
allotment. McCrae v. Felder, 12 F. (2d) 
554 (1926). 

II. AGAINST WHAT DEBTS 
ALLOWED. 

Homestead as to antecedent debts is con- 
trary to the Constitution of the United 
States, and all proceedings thereunder void. 
Cochran v. Darcv, 5 S. C. 125 (1874); Ex 
parte Hewett, 5 S. C. 409 (1874); DeLa- 
llowe v. Harper, 5 S. C. 470 (1875); Bull 
v. Rowe, 13 S. C. 355 (1880); Douglass v. 
Craig, 13 S. C. 371 (1880) ; Carrigan v. Boze- 
man, 13 S. C. 376 (1880) ; Charles v. Charles, 
13 S. C. 385 (1880); Withers v. Jenkins, 21 
S. C. 365 (1884) ; Hosford v. Wynn, 22 S. C. 
309 (1885); Hosford v. W'ynn, 26 S. C. 130. 
1 S. E. 497 (18S7) ; Compton v. Patterson, 28 
S. C. 115, 5 S. E. 270 (1888); Fowler v. 
Wood, 31 S. C. 398, 10 S. E. 93 (1889). 

The homestead exemption is governed by 
the law in force at the time of the creation 
of the debt. Trimmier v. Winsmith, 41 
S. C. 109, 19 S. E. 283 (1894); McClenaghan 
v. McEachern, 47 S. C. 446, 25 S. E. 296, 
(1896). 

Exemption is allowed debtor only against 
his own debts. Carolina Nat. Bank v. Senn, 
25 S. C. 572 (1886). 

It is not allowed against the debts of 
another. Wallace v. Johnson, 17 S. C. 454 
(1883). 

Nor against a debt due a joint purchaser 
of land, on account of his interest therein, 
and for rents and profits. — Edwards v. Ed- 
wards, 14 S. C. 11 (1880). 

Nor against a distress warrant. — Harley 
v. Weathcrsbee. 21 S. C, 243 (1884). 

Widow's individual debts. — A widow's 



196 



§34-1 



Homestead and Other Exemptions 



§34-1 



homestead in her husband's land cannot be 
sold under a judgment on her individual 
debt. Hosford v. Wynn, 22 S. C. 309 
(1885). 

Homestead cannot be claimed against a 
debt secured by equities. Hallman v. 
George, 70 S. C. 403, SO S. E. 24 (1905). 

And it is not allowed against a mortgage. 
Shelor v. Mason, 2 S. C. 233 (1870); 
Homestead Ass'n v. Enslow, 7 S. C. 1 
(1876); Rosenberg v. Lewi, 7 S. C. 344 
(1876); Smith v. Mallone, 10 S. C. 39 
(1878): City Council v. Caulfield, 19 S. C. 
201 (1883); Reid v. McGowan, 28 S. C. 74, 
5 S. E. 215 (18S8). 

But it is allowed in the surplus after the 
satisfaction of the mortgage. Calmes v. 
McCracken, 8 S. C. 87 (1876). 

Lien acquired by an attachment on lands 
under §§ 10-923 and 10-924 is not divested 
by a subsequent occupation of the lands for 
homestead purposes. Bonebrake v. Mor- 
row, 183 S. C. 170, 190 S. E. 506 (1937). 

III. IN WHAT LANDS ALLOWED. 

The head of the family is entitled to 
homestead in any land he may own, whether 
he reside on it or not. Swandale v. Swan- 
dale, 25 S. C. 389 (1SS6); Nance v. Hill, 26 
S. C. 227, 1 S. E. 897 (1887). 

He is entitled to homestead in a tract of 
land assigned to him in partition. Riley v. 
Gaines, 14 S. C. 454 (1881). 

Also in share of the proceeds of land sold 
for partition. — Swandale v. Swandale, 25 
S. C. 389 (1S86); Ex parte Carraway, 28 
S. C. 233, 5 S. E. 597 (1S88). 

But homestead in lands owned by a 
debtor as tenant in common with others 
cannot be set off, for the reason that it is 
impossible for the appraisers in homestead 
to obey the mandate of this section and set 
it off by metes and bounds, and because the 
debtor owns no particular part of the land 
and the appraisers have no authority to 
effect a partition among the tenants in com- 
mon. Eaddy v. Wall, 183 S. C. 229, 190 
S. E. 497 (1937); Barron v. English, 128 
S. C. 332, 121 S. E. 782 (1924). 

Though the court may restrain the sale 
thereof, until partition is made. Nance v. 
Hill, 26 S. C. 227, 1 S. E. 897 (1887) ; Melli- 
champ v. Mellichamp, 2S S. C. 125, 5 S. E. 
333 (1888); Ketchin v. Patrick, 32 S. C. 443, 
11 S. E. 301 (1890). 

He has homestead in leased parcels ad- 
joining residence. Harrell v. Kea, 37 S. C. 
369, 16 S. E. 42 (1S92). 

One holding land under contract to the 
purchaser has no homestead therein, Gar- 
atv & Armstrong v. DuBose, 5 S. C. 493 
(1875); Bradley v. Rodelsperger, 17 S. C. 9 



ri8S2); Agnew v. Adams, 17 S. C. 364 
(1882). 

Unless he has paid the whole purchase 
money. Munro v. Jeter, 24 S. C. 29 (1885); 
Ex parte Kurz, 24 S. C. 468 (1SS6). 

A husband is not entitled to homestead 
in the lands of his wife, who died childless. 
Harmon v. Wagener, 33 S. C. 487, 12 S. E. 
98 (1890). 

As to a debt contracted before the amend- 
ment of the Constitution in 1S80, the ques- 
tion of homestead must be determined by 
the original Constitution of 1868. Norton 
v. Bradham, 21 S. C. 375 (18S4). 

IV. HEAD OF FAMILY. 

He is one who is an actual and legal 
resident of the State, and not one who has 
abandoned residence in this State and when 
sued, returns for the purpose of claiming 
a homestead. Bonebrake v. Morrow, 183 
S. C. 170, 190 S. E. 506 (1937). 

Only a resident of this State may claim 
homestead exemption in his or her property, 
as against his or her debts, and when 
such exemption is claimed, the claimant 
must bring himself or herself within the 
definition of the head of a family and resid- 
ing in this State in the sense that term is 
used in the homestead laws. Bonebrake v. 
Morrow, 183 S. C. 170, 190 S. E. 506 (1937). 

A widow is a head of the family, though 
childless. Bradley v. Rodelsperger, 3 S. C. 
226 (1872); Moore v. Tarker, 13 S. C. 486 
(1880); Bradley v. Rodelsperger. 17 S. C. 
9 (1882); Yoe v. Hanvey, 25 S. C. 94 (18S6). 

A bachelor is not. — Garaty S: Armstrong 
v. DuBose, 5 S. C. 493 (1875). 

But a father is. — A father who has a child 
living with him is a head of the family. 
Myers v. Ham, 20 S. C. 522 (1SS4). 

And this is true even though the child 
be an adult married son, living separate 
from liis wife. Rollings v. Evans, 23 S. C. 
316 (1885). 

A debtor who marries after a levy on 
his land, and before the sale, is entitled to 
homestead therein. Rollings v. Evans, 23 
S. C. 316 (1885). 

A son who devotes his earnings and rents 
to the support of himself and widowed 
mother is a hesd of family. Scott v. Mosely, 
54 S. C. 375, 32 S. E. 450 (1899). 

Also a widower living with an adopted 
daughter. — Wagener v. Parrott, 51 S. C. 
489, 29 S. E. 240 (1898). 

Single woman who has a dependent sister 
living with her. — Chamberlain v. Brown, 33 
S. C. 597, 11 S. E. 439 (1890). 

And man who continues to support his 
wife's niece, who lived with them during the 
wife's life and spends part of her time with 



197 



§34-2 



Code of Laws of South Carolina 



§34-2 



him cilice licr death, is head of family. Fant 
v. Gist, 36 S, C 576, 15 S. E. 721 (1892). 

Distinction as to personalty. — Pender v. 
Lancaster, 14 S. C. 25 (1880). 

V. BANKRUPTCY. 

Homestead allotment by trustee in bank- 
ruptcy. — This chapter, relating to allotment 
in adversary proceeding, must be followed 
by a trustee in bankruptcy, in making home- 
stead allotment under the State laws. Mc- 
Crae v. Felder, 12 F. (2d) 554 (1926). 

Where bankrupts claimed their home- 
stead exemptions in their schedules, the 
trustee had no title to such exemption, 
and a sale by him under an order authoriz- 
ing such sale did not disturb the home- 
steads therein. Norwood v. Watson, 242 
F. 885 (1917). 

VI. JUDGMENT CREDITORS. 

Power to compel exhaustion of home- 
stead. — A subsequent judgment creditor 
having no lien on the land cannot compel 
the judgment creditor for the purchase 
monev to first exhaust the homestead. Ex 
parte.Kurz, 24 S. C. 468 (1886). 

After a sale of all the judgment debtor's 
land except the homestead to satisfy a 
creditor's senior judgment or a debt con- 



tracted prior to the constitutional establish- 
ment of homesteads, no equities having been 
reserved, the junior judgment creditors can- 
not require sale of the homestead to satisfy 
this senior judgment as it has already been 
paid in the eyes of the law. Shell v. Young, 
32 S. C. 462, 11 S. E. 299 (1890). 

A subsequent judgment creditor having 
lien on the land might, prior to Constitu- 
tion of 1895, in equity compel mortgagee 
to first exhaust the homestead. State Sav. 
Bank v. Harbin, 18 S. C. 425 (1883); 
Bowen v. Barksdale, 33 S. C. 142, 11 S. E. 
640 (1890). 

But if he has no such lien, he cannot 
compel the mortgagee to do so. Ex parte 
Carraway, 28 S. C. 233, 5 S. E. 597 (1888). 

Lien of joint judgment does not attach 
where estate is less than one thousand dol- 
lars in value. Ex parte Miley, 73 S. C. 325, 
53 S. E. 535 (1905). 

Costs of a junior judgment binding the 
homestead are postponed to a senior judg- 
ment, not binding the homestead. Bank v. 
Goodman, 33 S. C. 601, 11 S. E. 785 (1890). 

Cited in Beaufort Veneer, etc., Co. v. 
Heirs, 142 S. C. 78, 140 S. E. 238 (1927); Ex 
parte Lummus Cotton Gin Co., 116 S. C. 
64, 106 S. E. 861 (1921); Ex parte Worley, 
49 S. C. 41, 26 S. E. 949 (1897). 



§ 34-2. Setting homestead aside. 

The sheriff or other officer before selling the real estate of any head of a 
family resident in this State shall cause a homestead as above stated to be 
set off to such person as herein prescribed. He shall give public notice by 
advertising his intention to set off such homestead on behalf of the person 
demanding it once a week for four weeks in some newspaper published in 
the county in which the land lies or, if no paper is published in the county, 
then by posting the notice in the courthouse and in three other public places, 
for a like length of time. He shall cause three appraisers to be appointed, one 
to be named by the creditor, one by the debtor and one by himself, who shall 
be discreet and disinterested men, in no wise related to either party, and resi- 
dents in the county and who shall be sworn by a magistrate or other officer 
authorized by law to administer oaths to appraise impartially and set off by 
metes and bounds a homestead not to exceed in value one thousand dollars. 
The appraisers shall make return of their action in the premises under their 
hands and seals to the sheriff or other officer within thirty clays after they 
shall have been appointed as aforesaid for record in the office of the clerk of 
court or register of mesne conveyances, giving the metes and bounds as well 
as the value of the homestead set off. For such purpose they may call in the 
aid of a surveyor if they, or a majority of them, deem it necessary. Should 
the creditor or debtor neglect or refuse, after ten days' notice from the officer 

198 



§34-2 



Homestead and Other Exemptions 



§14-2 



in whose hands the process is lodged, to nominate an appraiser, the officer 

shall appoint such appraiser. 

1942 Code § 9085; 1932 Code § 9085; Civ. C. '22 § 5490; Civ. C. '12 § 3711; Civ. C. '02 
§2626; G. S. 1994; R. S. 2126; 1896 (22) 190; 1936 (39) 1594; Const. 1S95, Art. 3, §28. 



The mode of selling off homestead reg- 
ulated by this section is exclusive. People's 
Bank v. Brice, 47 S. C. 134, 24 S. E. 1038 
(1896). 

The circuit court has no original jurisdic- 
tion of a proceeding to set off homestead, 
and the machinery and procedure prescribed 
bv the statute are exclusive. In re Brand- 
enburg, 164 S. C. 460, 162 S. E. 432 (1932). 

Exemption must be set up. Hallman v. 
George, 70 S. C. 403, 50 S. E. 24 (1905). 

Only one homestead in testator's estate 
of value of one thousand dollars could be 
set aside to those who might be entitled 
thereto. Mutual Benefit Life Ins. Co. v. 
Varborough, 169 S. C. 486, 169 S. E. 289 
(1933). 

Duty to set off homestead. — Under a de- 
cree ordering the sale of lands to pay debts, 
it is the duty of the master to set off the 
homestead to the widow and infant children 
on application therefor. McMaster v. 
Arthur, 33 S. C. 512, 12 S. E. 308 (1890). 

It is not necessary for a homestead to be 
actually set off in order to be exempt from 
levy and sale and the judgment debtor may 
make a valid conveyance of such land to 
a third party, whether it has been admeas- 
ured and set off as a homestead or not. 
Eaddy v. Wall, 183 S. C. 229, 190 S. E. 497 
(1937). 

Necessity of recording homestead allot- 
ment. — While a homestead allotment set 
apart in an adversary proceeding under 
this section is not required to be recorded 
under the following section, it is a condi- 
tion precedent to its exemption from debts 
other than those under execution.- McCrae 
v. Felder, 12 F. (2d) 554 (1926). 

The fact that an allotment was made in 
a bankruptcy court does not obviate the re- 
r|uirements of the State law in regard to 
recording homestead allotment. McCrae 
v. Felder, 12 F. (2d) 554 (1926). 

A bankrupt is not entitled to attain allot- 
ment in a subsequent bankruptcy proceed- 
ing, having failed to record his homestead 
allotment, although he is not deprived of 
his right to the extent of one thousand dol- 
lars. McCrae v. Felder, 12 F. (2d) 554 
(1926). 

Right to assignment may be decided on 
rule against sheriff to compel to sell. Kirby 
v. Woods, 5 S. C. 1 (1873); Douglass v. 
Craig, 13 S. C. 371 (1880); Charles v. 
Charles, 13 S. C. 385 (1880). 

And rule will be discharged when debtor 



has only a homestead. King v. McCarley, 
32 S. C. 264, 10 S. E. 1075 (1890). 

And application for it mav be made be- 
fore levy. Nance v. Hill, 26 S. C. 227, 1 
S. E. 897 (1887). 

It is not to be assigned under executions 
levied that do not bind where there are 
executions that do bind it. Agnew v. 
Adams, 17 S. C. 364 (1882). 

But proceeds should be applied to oldest 
judgment. Lawrence v. Grambling, 19 S. C. 
461 (1883). 

Irregularity does not invalidate assign- 
ment of homestead. Agnew v. Adams, 26 
S. C. 101, 1 S. E. 414 (1887). 

Reassignment. — Upon hearing thereof the 
power of the court to order reassignment 
may be exercised more than once. And 
conclusion of judge as to the good cause 
shown therefor will not be disturbed on 
appeal. Kerchner v. Singletary, 15 S. C. 
535 (1881). 

But court holding return valid against all 
creditors but one cannot conditionally va- 
cate it unless that one be paid in a given 
time. Ex parte Young, 29 S. C. 298, 7 S. E. 
499 (1888). 

Ascertaining value of property. — A con- 
tention that the value of certain property 
claimed as homestead could only be ascer- 
tained by a sale of the property is untenable 
under the Constitution and this chapter. 
Nixon Grocery Co. v. Spann, 108 S. C. 329, 
94 S. E. 531 (1917). 

In ascertaining the exemption the value 
of the debtor's interest in the land is the 
proper basis. Bank of Columbia v. Gibbes, 
54 S. C. 579, 32 S. E. 690 (1899). 

If the appraisers consider mortgages in 
their appraisal, the proceeding is void; their 
duties being purelv ministerial. Nixon 
Grocery Co. v. Spann, 108 S. C. 329, 94 
S. E. 531 (1917). 

A void appraisal and assignment of home- 
stead is not res adjudicata, and is subject 
to collateral attack, and even if not void, it 
is subject to attack by creditors not notified 
of the proceeding, even after thirty days 
from filing of the return, the time provided 
by this section for filing objections. Nixon 
Grocery Co. v. Spann, 108 S. C. 329, 94 
S. E. 531 (1917). 

That appraisers make errors rendering 
assignment and appraisal void or defective 
under this chapter does not deprive a debtor 
of his right to homestead. Nixon Grocery 



199 



§34-3 



Couii of Laws of South Carolina 



§34-4 



Co. v. Spann, 108 S. C. 329, 94 S. E. 531 
(1917). 

Sufficiency of return. — A return by two 
of such appraisers, rill acting together and 
one dissenting from the return, is valid. 
Carolina Sav. Bank v. Evans, 28 S. C. 521, 
6 S. E. 321 (1833). 

Homestead set apart cannot be disturbed. 
— Where a home tead in land was once set 
apart and duly recorded, and no exceptions 
were filed to the return of the commissioner, 
it could never be sold to satisfy the judg- 
ment in which it was set apart, though 
there may have been errors of law in the 
assignment. Sloan v. Hunter, 65 S. C. 235, 
43 S. E. 7SS (1903). 

Where a homestead is set apart in 1889 
as against a debt contracted in 1877, it can- 
not be sold under execution against an ad- 
ministrator of the deceased judgment debt- 
or, though the children are all adults, living 
away from the land, and the father and 
mother are dead. Sloan v. Hunter, 65 S. C. 
235, 43 S. E. 7SS (1903). 

Remedy against judgment debtor who is 
a tenant in common with others.— Where 
a judgment debtor is a tenant in common 
with others, judgment creditor has a right 
to require the sheriff to proceed under this 
section, in the appointment of appraisers in 
homestead, and, if the conditions justify it, 
to proceed under § 34-5, subject to the prior 
right of the tenants in common to partition, 
in which event the judgment creditor's lien 



will be transferred to the interest set apart 
to judgment debtor, with protection to his 
homestead rights. Barron v. English, 128 
S. C. 332, 121 S. E. 7S2 (1924). 

Sale of homestead made without claim or 
objection does not estop debtor from home- 
stead in land. Myers v. Ham, 20 S. C. 522 
(1834). 

One who, prior to assignment for credi- 
tors, sells his homestead, and puts the ven- 
dee in possession, but retains the legal title. 
is entitled to a homestead in the land, or the 
unpaid purchase price. Ex parte Allison, 
45 S. C. 338, 23 S. E. 62 (1895). 

The sale cannot be impeached collaterally. 
Mrkeown v. Carroll, 5 S. C. 75 (1874). 

Exceptions thereto within thirty days after 
sheriff filed it with clerl: are within time. 
Kerchner v. Singletary, 15 S. C. 535 (1881). 

The exceptions must be filed; personal 
service on adverse party is not sufficient. 
Ex parte Ransey, 54 S. C. 517, 32 S. E. 522 
(1899). 

Creditor who has suit pending may ex- 
cept to return by appraisers in proceedings 
to enforce a prior judgment. In re Wylie, 
63 S. C. 214, 41 S. E. 320 (1902). 

Equitable interest as homestead. — Mc- 
Nair v. Moore, 70 S. C. 551, 50 S. E. 197 
(1905). 

Hearing on exceptions to the return of 
the Commissioners. — Rlecklev v. Shirley, 
5S S. C. 52, 36 S. E. 503 (1900). 



§ 34-3. Appeal to court. 

If no complaint shall be made by any creditor or the debtor within thirty 
days after the return of the appraisers has been filed, the proceedings in the 
case shall be final. If exceptions to the return be filed by any creditor or the 
debtor within thirty days after the filing thereof, they shall be tried de novo 
upon testimony taken in open court and the court out of which tbe process is- 
sued may, upon good cause being shown, order a reappraisement and reassign- 
ment of the homestead by other appraiser appointed by the court. 

1942 Code § 9085; 1932 Code § 9085; Civ. C. '22 § 5490; Civ. C. '12 5 3711; Civ. C. '02 
§2626; G. S. 1994; R. S. 2126; 1896 (22) 190; 1936 (39) 1594; Const. 1895, Art. 3, §28. 



§ 34-4. Effect of recordation of returns. 

When thirty days shall have elapsed after the filing of the return of the ap- 
praisers setting off a homestead to any debtor, according to the provisions of 
§ 34-2 and no exceptions have been filed against such return or if such return 
be finally heard and approved, the debtor may have such return recorded in the 
office of tbe clerk of court or register of mesne conveyances of tbe county in 
which it is located. Upon such return being so recorded in forty days after 
the proceedings have become final tbe title to tbe homestead so set off and 

200 



§34-5 



Homestead and Other Exemptions 



§34-6 



assigned shall be forever discharged from all debts of the debtor then existing 

or thereafter contracted. 

1942 Code § 9086; 1932 Code § 9086; Civ. C. '22 § 5491; Civ. C. '12 § 3712; Civ. C. '02 
§ 2627; G. S. 1995; R. S. 2127; 1S80 (17) 514. 

52 S. C. 574, 30 S. E. 635 (1898); Ex parte 
Ranscy, 54 S. C. 517, 32 S. E. 522 (1899). 

Assignment of homestead is not binding 
upon creditors by junior judgments until re- 
corded. Choice v. Charles, 7 S. C. 171 
(1876). 

Nor does it exempt the property from 
sale until returned and recorded. Ryan v. 
Pettigrew, 7 S. C. 146 (1876) ; Bull v. Rowe, 
13 S. C. 355 (1880); Youngblood v. Lathen, 
20 S. C. 370 (1884). 

A plat annexed to the return need not 
be recorded; and the clerk's failure to re- 
cord it will not invalidate the assignments 
until recorded. Choice v. Charles, 7 S. C. 
171 (1876). 

Cited in Robinson & Son Co. v. Gamble, 
178 S. C. 259, 182 S. E. 745 (1935). 



The proceedings merely designate the 
specific property to which the homestead 
has attached. Ketchin v. McCarlev, 26 S. C. 
1. 11 S. E. 1099 (1886). 

Homestead set apart in 1889 against debt 
contracted in 1877 cannot be sold under 
execution against administrator of deceased 
judgment debtor, although father and moth- 
er be dead, and children all adults and liv- 
ing off land. Sloan v. Hunter, 65 S. C. 
235, 43 S. E. 788 (1903). 

The circuit court has no original jurisdic- 
tion of a proceeding to set off homestead, 
and the machinery and procedure prescribed 
by the statute are exclusive. In re Brand- 
enburg, 164 S. C. 460, 162 S. E. 432 (1932). 

No exceptions being filed, the return can- 
not be collaterally attacked. Culler v. Crim, 



§ 34-5. Procedure when only property worth more than one thousand dollars 
and indivisible. 
Whenever in the assignment of a homestead as provided in § 34-2 the ap- 
praisers shall find that the premises exceed the value of one thousand dollars 
and that they cannot be divided without injury to the remainder, they shall 
make and sign, under oath, an appraisal thereof and deliver it to the sheriff 
who shall within ten days thereafter deliver a copy thereof to the head of the 
family claiming the homestead or to some member of the family of suitable 
age to understand the nature thereof with a notice attached that unless the 
person so claiming the homestead shall pay to the sheriff the surplus of the 
appraised value over and above one thousand dollars within sixty days there- 
after the premises will be sold. 

1942 Code § 9087; 1932 Code § 9087; Civ. C. '22 § 5492; Civ. C. '12 § 3713; Civ. C. '02 
§ 2628; G. S. 1996; R. S. 2128; 1880 (17) 514. 

sheriff to proceed according to law; an or- 
der of sale would have been premature. 
Carolina Sav. Bank v. Evans, 28 S. C. 521, 
6 S. E. 321 (1888). 

Right to en'oin sale on execution. — Brown 
v. Green, 89 S. C. 326, 71 S. E. 958 (1911). 

Applied, as to assignment to judgment 
debtor, in Bank of Columbia v. Gibbcs, 54 
S. C. 579, 32 S. E. 690 (1899). 



Cross reference. — As to debts for which 
property not exempt, see § 34—62. 

This section is not unconstitutional. Si- 
monds v. Haithocck, 24 S. C. 207 (1886); 
Simonds v. Haithcock, 26 S. C. 595, 2 S. E. 
616 (1887). 

Order to proceed according to law. — 
Upon confirming such return by the ap- 
praisers the court properly ordered the 



§ 34-6. Same ; effect of payment of surplus. 

If, after receipt of such notice the party claiming the homestead pays, or 
causes to be paid, the surplus over one thousand dollars, he shall, upon record- 
ing the return and the receipt of the sheriff for such surplus, which shall be 
endorsed on the return, as provided in § 34-4, hold the property so appraised 
and set off, freed and discharged from all debts and demands then existing 

201 



§34-7 



Code of Laws of South Carolina 



§34-8 



against such parties, but, as to such surplus, not from debts thereafter con- 
tracted, like proceedings to the foregoing being in any case allowable for the 
recovery of all after-contracted debts. 

1942 Code § 9087; 1932 Code § 9087; Civ. C. '22 § 5492; Civ. C. '12 § 3713; Civ. C. '02 
§ 2628; G. S. 1996; R. S. 2128; 1880 (17) 514. 

Tender of excess within time. — Tender 
by defendant to the sheriff of the excess 
over one thousand dollars within sixty days 
after the remittitur of judgment on appeal 
from hearing of return was filed is within 
the time required. Simonds v. Haithcock, 
26 S, C. 595, 2 S. E. 616 (1887). 

Where the excess over one thousand dol- 
lars was not paid within sixty days as re- 



quired by §34-5, but with the permission 
of the execution creditor was paid from 
time to time until paid in full, the assign- 
ment of the homestead was not complete, 
and it was not too late for another judg- 
ment creditor to object and require a re- 
assessment. Ex parte Lummus Cotton Gin 
Co. 116 S. C. 64, 106 S. E. 861 (1921). 



§ 34-7. Same ; when sale made ; disposition of proceeds. 

If the debtor shall fail to pay such surplus in the time limited the sheriff 

shall advertise and sell the premises and out of the proceeds of such sale shall 

pay into the office of the clerk of the circuit court one thousand dollars, which 

shall be applied, under the order of the circuit judge, upon the application of 

the head of the family in the purchase of a homestead of that value. The 

residue in the hands of the sheriff, if any, after paying all expenses incident to 

the appraisement and the sale of the property, shall be applied by him to any 

executions in his hands, according to law. But no such sale shall be made 

unless a greater sum than one thousand dollars shall be bid at such sale for 

such premises. 

1942 Code § 9087; 1932 Code § 9087; Civ. C. '22 § 5492; Civ. C. '12 § 3713; Civ. C. '02 
§ 2628; G. S. 1996; R. S. 2128; 1880 (17) 514. 



§ 34-8. Application for setting off homestead when no process lodged. 

Whenever the head of any family, married woman, widow or children shall 

be entitled to an estate or right of homestead as herein provided and no process 

has been lodged with any officer against such homestead, the person entitled 

to such homestead may apply at any time by petition to the master of the 

county or, if there be no master therein, to the clerk of the court for the county 

to have such homestead appraised and set off. 

1942 Code § 9094; 1932 Code § 9094; Civ. C. '22 § 5499; Civ. C. '12 § 3720; Civ. C. '02 
§ 2635; G. S. 2002; R. S. 2134; 1880 (17) 516. 



Jurisdiction. — The application must be 
made to the master or clerk of court; the 
jurisdiction conferred is exclusive. Ex parte 
Lewie, 17 S. C. 153 (1882); Ex parte Ray, 
20 S. C. 246 (1883) ; Myers v. Ham, 20 S. C. 
522 (1SS4). 

And the proceeding cannot be originally 
instituted in the court of common picas. 
Scruggs v. Foot. 19 S. C. 274 (1883); Mvers 
v. Ham, 20 S. C. 522 (1884); Ex parte 
Brown, 37 S. C. 181, 15 S. E. 926 (1892). 

The circuit court may adjudge the right 
of homestead in action propsrly pending 
when ncc:s;ary to its determination. Munro 



v. Jeter. 24 S. C. 29 (1885); Swandale v. 

Svvandale, 25 S. C. 389 (1885); Bridgers 
v. Howell. 27 S. C. 425. 3 S. E. 790 (1887); 
National Bank v. Kinard, 28 S. C. 101, 5 
S. E. 464 (1888). 

But the circuit court has not original ju- 
risdiction. Ex pnrtc Brown, 37 S. C. 181, 
15 S. E. 926 (1892). 

"Process." — A decree for the sale of land 
may be considered "process" and justify an 
application to the master. McMaster v. 
Arthur, 33 S. C. 512. 12 S. E. 308 (1890). 

A chi'dless wi low is entitled to this rem- 
edy. Moore v. Barker, 13 S. C. 480 (1880). 



202 



§34-9 



Homestead and Othee Exemptions 



§34-11 



It is inconsistent to maintain separate 
proceedings for homestead and partition at 
the same time. Williams v. Mallory, 33 
S. C. 601, 11 S. E. 1068 (1890). 

Homestead rights of widow and children. 
—Ex parte Worley, 49 S. C. 41, 26 S. E. 949 
(1897). 



Determination of value of homestead 
rights.— Gibbs v. Hunter, 99 S. C. 410, 83 
S. E. 606 (1914). 

For additional related case, see Ex parte 
Miley, 73 S. C. 325, S3 S. E. 535 (1905). 



§ 34-9. Setting off such homestead. 

The master or, if there be no master in the county, the clerk of the court 
shall thereupon, after giving public notice, by advertising the intention of such 
person to have his homestead set off, once a week for four hours in a paper 
published in the count}' in which the land lies and in case no paper is published 
in the county, by posting the notice on the door of his office and in three other 
public places for a like length of time, appoint three disinterested persons, 
resident in the county, who, having been duly sworn, shall proceed to appraise 
in the manner hereinbefore provided and set off, by metes and bounds, such 
homestead and make return to him. If no complaint shall be made by any 
creditor or other person interested against such appraisal and setting off of 
the homestead within thirty days after the return of the appraisers, it shall be 
confirmed by the circuit court at the next ensuing term thereof and shall be 
recorded as provided in § 34-4. But no appraisement shall be made or return 
filed until the notice has expired. If exceptions to such appraisement and re- 
turn be filed by any person interested therein, within such period of thirty days 
after filing the return of the appraisers, the circuit court, upon good cause be- 
ing shown, may order a reappraisement and assignment of the homestead by 
other appraisers to be appointed by the court. 

1942 Code § 9094; 1932 Code § 9094; Civ. C. "22 § 5499; Civ. C. '12 § 3720; Civ. C. '02 
§ 2635; G. S. 2002; R. S. 2134; 1880 (17) 516. 



The mode of setting off a homestead, as 
regulated by this section, is exclusive. Peo- 
ple's Bank v. Brice, 47 S. C. 134, 24 S. E. 
1038 (1896). 

Exceptions to homestead need not be filed 
before the return of the appraisers to the 
master. Ex parte Kurz, 24 S. C. 468 (1886). 



Creditors entitled to except to return. — 
The legislature did not intend to limit the 
right to except to the return of the ap- 
praisers to any particular creditor or class 
of creditors. In re Wylie, 63 S. C. 214, 41 
S. E. 320 (1902). 



§34-10. Blank. 



§34-11. Homestead when debtor dead. 

If the husband be dead, the widow and children, and if both the father and 

the mother be dead, the children living on the homestead, whether any or all 

such children be minors or not, shall be entitled to have the family homestead 

exempted in like manner as if the husband or parents were living. 

1942 Code § 9088; 1932 Code § 9088; Civ. C. '22 § 5493; Civ. C. '12 § 3714; Civ. C. '02 
§ 2629; G. S. 1997; R. S. 2129; 1880 (17) 515. 

Cross references.— See S. C. Const., Art. titled to the homestead. In re Kennedy, 

3, §28, and note thereto. As to property 2 S. C. 216 (1870); Ex parte Strobel, 2 S. C. 

not exempt from certain debts, see §34-62. 309 (1871). 

In general. — The family of a debtor who Order directing partition of land and or- 

died before the Constitution of 18GS is en- der directing the assignment of homestead 

203 



34-12 



Cod] of Laws of South Carolina 



§34-13 



are inconsistent. Williams v. Mallorv, 33 
S. C. 601, 11 S. E. 106S (18901. 

A decree by default against widow and 
children does not deprive them of homo- 
stead before sale. McMaster v. Arthur, 33 
S. C. 512, 12 S. E. 308 (18901. 

A widow's claim of homestead cannot be 
subordinated to mortgage debt contracted 
by executors of her husband. Tcffrics v. 
Allen, 29 S. C. 501, 7 S. E. 828 (18S8). 

Nor barred by receipt of rents and profits 
of the land.— Jeffries v. Allen, 29 S. C. 501, 
7 S. E. 828 (1888). 

The widow cannot obtain homestead ex- 
emption for her sole use apart from the 
children. Geiger v. Geiqer, 57 S. C. 521, 
35 S. E. 1031 (1900); Ex parte Worley, 49 
S. C. 41, 26 S. E. 949 (1897). 

But widow without children is entitled 
to homestead. Moore v. Parker, 13 S. C. 
486 (18S0); Bradley v. Rodelspergcr, 17 S. 
C. 9 (1882). 

By accepting dower the widow is barred 
from homestead. Kennedy v. Kennedy. 74 
S. C. 541, 54 S. E. 773 (1906). See also. 
Glover v. Glover, 45 S. C. 51, 22 S. E. 739 
(1895). 



Only one homestead can be allowed to 
children of deceased debtor. Carolina Xat. 
Bank v. Senn, 25 S. C. 572 (18S6). 

Adults living separate and apart from 
their father at the time of his death, with 
long-established homes of their own* are 
not entitled to homestead exemptions 
against the debts of their father. Snoddy's 
Estate, 201 S. C. 14. 21 S. E. (2d) 198 
(1942). But see Ex parte Worley, 54 S. C. 
208, 32 S. E. 307 (1899); Ex parte Worley, 
49 S. C. 41, 26 S. E. 949 (1897). 

A person acquiring land under devise 
from her grandfather has no homestead 
rights in it by reason of an assignment of 
homestead made during her father's lifetime 
while he owned a life estate in the land. 
Wilson v. Counts, 52 S. C. 218, 29 S. E. 
(.49 (1898). 

App'ied in Hallman v. George, 70 S. C. 
403, 50 S. E. 24 (1905): Sloan v. Hunter, 
65 S. C. 235. 43 S. E. 788 (1903). 

Cited in the dissenting opinion in Lan- 
ham v. Glover, 46 S. C. 65, 24 S. E. 49 
(1896). 



§ 34-12. Partition of such homestead. 

A homestead exempted under the provisions of § 34-11 shall be subject to 

partition among the children of the head of the family in like manner as if 

no debts existed. But no partition or sale in that case shall be made until the 

youngest child becomes of age unless, upon proof satisfactory to the court 

hearing the case, such sale is deemed best for the interest of such minor or 

minors. 

1942 Code § 9088; 1932 Code § 9088; Civ. C. '22 § 5493; Civ. C. '12 § 3714; Civ. C. '02 
§ 2629; G. S. 1997; R. S. 2129; 1880 (17) 515. 

The homestead may be partitioned be- homestead may be partitioned at once. — 

tween the children on the de:th of the Saunders v. Strobcl, 64 S. C. 489, 42 S. E. 

widow. Stewart v. Blalock, 45 S. C. 61, 429 (1902). 
22 S. E. 774 (1895). Quoted in Dorn v. Stidham, 139 S. C. 66, 

Where there are no minor children the 137 S. E. 331 (1927). 



§ 34-13. Waiver of homestead. 

No waiver of the right of homestead shall defeat tbe right before assignment 
except it be by deed of conveyance or by mortgage and then only as against 
the mortgage debt. No judgment creditor or otber creditor whose lien does 
not bind the homestead shall have any right or equity to require that a lien 
which embraces the homestead and other property shall first exhaust a home- 
stead. But after a homestead in lands has been set off and recorded it shall 
not be waived by deed of conveyance, mortgage or otherwise unless the waiver 
be executed by both husband and wife, if both be living. 

1942 Code § 9089; 1932 Code § 9089; Civ. C. '22 § 5494; Civ. C. '12 § 3715; Civ. C. '02 
§ 2630; G. S. 1998; R. S. 2130; 1880 (17) 515; 1889 (.20) 3S1; 189o (22) 191. 

204 



§ 24-14 



Homestead and Other Exemptions 



§ 24-41 



Cross reference. — See S. C. Const., Art. 
3, § 28 and notes. 

In general. — Under S. C. Constitution of 
1S68, junior judgment creditors, but not un- 
secured creditors, could compel mortgagee 
to exhaust homestead before resorting to 
other property. People's Bank v. Brice, 
47 S. C. 134, 24 S. E. 1038 (1896); Pearson 
v. Pearson, 59 S. C. 367, 7 S. E. 917 (1901). 

Prior to the amendment of 1896, home- 
stead was barred by a devise to pay debts. 
Beaty v. Richardson, 56 S. C. 173, 34 S. E. 
73 (1S99). 

As to conveyance of homestead by the 
head of the family before the Constitution 
of 1895, see Watson v. Neal, 38 S. C. 90, 16 
S. E. S33 (1892). 

The provisions of this section look to the 
protection of the claimant of homsstead by 
forbidding the waiver thereof before assign- 
ment except by deed of conveyance, or by 
mortgage, and only as against the mortgage 
debt, and no judgment creditors or other 
creditor shall have the right to invoke the 
two-fund rule as against the right of home- 
stead. People's Bank v. O'Shields, 167 S. 
C. 296, 166 S. E. 351 (1932). 

Failure to demand homestead is not a 
waiver. Gray v. Putnam, 51 S. C. 97, 28 
S. E. 149 (1897). 

Joint execution by husband and wife was 
held unnecessary to waive homestead, 
where bankrupt failed to record proceedings 



in bankruptcy setting aside homestead. 
Baker v. DeWitt, 140 S. C. 114, 138 S. E. 
626 (1927). 

Mortgages. — As to rights of mortgagees, 
where lands mortgaged before assignment 
of mortgage, see Farmers' Mut. Ins. Ass'n 
v. Burch, 47 S. C. 453, 25 S. E. 211 (1896); 
Craig v. Miller, 41 S. C. 37, 19 S. E. 192 
(1894). 

As to sale under foreclosure of mortgages 
and judgments, see Bradford v. Buchanan, 
39 S. C. 237, 17 S. E. 501 (1893). 

Where mortgagor conveyed one of sev- 
eral mortgaged lots, grantee's mortgagee 
could not under "two-fund doctrine" re- 
quire prior mortgagees to exhaust mort- 
gagor's homestead before taking proceeds 
from grantee's lot. People's Bank v. 
O'Shields, 167 S. C. 296, 166 S. E. 351 
(1932). 

Mortgagor, conveying one of several 
mortgaged lots, could not as against gran- 
tee's mortgagee claim homestead out of 
proceeds of lot conveyed. People's Bank 
v. O'Shields, 167 S. C. 296, 166 S. E. 351 
(1932). 

Land under contract to sell. — Ex parte 
Allison, 45 S. C. 33S, 23 S. E. 62 (1895). 
See also, Hendrix v. Seaborn, 25 S. C. 481 
(1886). 

Cited in Lynch v. Stanton, 168 S. C. 249, 
167 S. E. 392 (1933). 



§ 24-14. Validation of certain homesteads set off without notice. 

All homesteads which may have been set off prior to May 2S 1936 to the 

head of any family without notice shall not be attacked or set aside for lack of 

notice. 

1942 Code § 9085; 1932 Code § 9085; Civ. C. '22 § 5490; Civ. C. '12 § 3711; Civ. C. '02 
§2626; G. S. 1994; R. S. 2126; 1896 (22) 190; 1936 (39) 1594; Const. 1S95, Art. 3, §28. 



CHAPTER 2. 

Other Exemptions. 



Sec. 

34-41. Exemption of certain personal prop- 
erty. 



Sec. 

34-42. Exemption of personal property 
when no process lodged. 



§ 24-41. Exemption of certain personal property. 

The personal property of the bead of any family residing in this State, 
whether entitled to a homestead exemption or not, to the extent of five hun- 
dred dollars shall be exempt from attachment, levy or sale and personal prop- 
erty consisting of necessary wearing apparel and tools and implements of 
trade, not to exceed the value of three hundred dollars, the property of any 

205 



§ 34-42 



Code of Laws of South Carolina 



§ 34-42 



person not the head of a family, shall be exempt from attachment, levy or 

sale. In case the right of such exemption be disputed by the creditors, the 

officer in whose hands the process is lodged shall cause it to be ascertained 

and appraised, subject to the right of either creditor or debtor to except to 

such ascertainment and appraisal, as provided by law. All exempted 

property, so ascertained and appraised by appraisers appointed and sworn 

for that purpose and the return of which has been duly made, filed and recorded, 

as provided in §§ 34-2 and 34-4 shall vest absolutely in the debtor, freed from 

all debts of the debtor then existing or thereafter contracted, whether such 

debtor retain or sell the property. 

19-12 Code § 9090; 1932 Code § 9090; Civ. C. '22 § 5495; Civ. C. '12 § 3716; Civ. C. - 02 
§ 2631; G. S. 1999; R. S. 2131; 1896 (22) 192; 1904 (24) 412. 



Historical note. — The legislature could 
exempt as homestead only such articles of 
personal property as were enumerated in 
Art. 2, § 32, of the Constitution of 1868, be- 
fore it was amended in 1880. Duncan v. 
Barnctt, 11 S. C. 333 (1879). 

Before such amendment in 1880 only 
such articles of personal property as were 
named in the Constitution could be assigned 
as homestead. Duncan v. Barnett. 11 S. C. 
333 (1879). 

Prior to the amendment of the Consti- 
tution in 1880, it did not exempt money 
from seizure. Union Bank v. Northrop, 19 
S. C. 473 (1883). 

Constitutionality. — This exemption of 
personal property, whether the party was 
entitled to homestead in land or not, was 
constitutional before the amendment to the 
Constitution in 1880. Oliver v. White, 18 
S. C. 235 (1883). 

The circuit court has no original juris- 
diction of a proceeding to set off homestead, 
and the machinery and procedure pre- 
scribed by the statute are exclusive. In 
re Brandenburg, 164 S. C. 460, 162 S. E. 
432 (1932). 

The duties of a sheriff are purely minis- 
terial and are neither discretionary or quasi 
judicial. Mandamus will issue to compel 
the performance thereof. In re Branden- 
burg, 164 S. C. 460, 162 S. E. 432 (1932). 

Exception to return. — A simple contract 
creditor, having suit pending, may except 



to return of commissioners. In re Wylie, 
63 S. C. 214. 41 S. E. 320 (1902). 

Disputed issue as to debtor's right to 
homestead in personalty may be brought 
before court only upon exception to return 
of appraisers. In re Brandenburg, 164 S. C. 
460, 162 S. E. 432 (1932). 

A judgment debtor is entitled to home- 
stead exemption in money. Grav v. Put- 
nam, 51 S. C. 97, 28 S. E. 149 (1897). 

An automobile is not exempt in hands 
of one not the head of a family. Eastern 
Mfg. Co. v. Thomas, 82 S. C. 509, 64 S. E. 
401 (1909). 

Brother living with sister in her house 
is head of a family and is entitled to chat- 
tel exemption. Mover v. Drummond, 32 
S. C. 165. 10 S. E. 952 (1890). 

A partner is entitled thereto against his 
individual creditors out of his interest in 
partnership assets after the partnership 
debts are paid. Moyer v. Drummond, 32 
S. C. 165, 10 S. E. 952 (1890); Regenstein 
v. Pearlstein, 32 S. C. 437, 11 S. E. 298 
(1890) 

Effect of marriage after levy and before 
sale.— Rollings v. Evans, 23 S. C. 316 (1885). 

If head of family at the time, he is en- 
titled to exemption. Chafee & Co. v. Rai- 
ney, 21 S. C. 11 (1884). 

For additional related cases, as to per- 
sonalty, see Pender v. Lancaster, 14 S. C. 

25 (1880); Ex parte Worley, 49 S. C. 41, 

26 S. E. 949 (1897). 



§ 34-42. Exemption of personal property when no process lodged. 

Personal property, to the extent and of the kind stated in § 34-41 may also 

be exempted and set off in like manner as provided in §§ 34-8 and 34-9. 

1942 Code § 9094; 1932 Code § 9094; Civ. C. '22 § 5499; Civ. C. '12 § 3720; Civ. C. '02 
§ 2u35; G. S. 2002; R. S. 2134; 1880 (17) 516. 



206 



§ 34-61 Homestead and Other Exemptions § 34-62 

CHAPTER 3. 

Provisions Applicable to Both Homestead and Other Exemptions. 

Sec. Sec. 

34-61. When a married woman has home- 34-63. When court may sell homestead or 
stead and personal property ex- other exemption; reservation in 

emptions. money. 

34-62. Property set aside not exempt from 34-64. Compensation of appraisers, survey- 
levy and sale for certain debts. or, magistrate and master or clerk. 

34-62.1. For what products of homestead 34-65. Penalty for violation by officers, 
subject to levy, etc. 

§ 34-61. When a married woman has homestead and personal property exemp- 
tions. 
In case any woman, having a separate estate, shall be married to the head 
of a family who has not his own sufficient property to constitute a homestead, 
as herein provided, such married woman shall be entitled to a like exemption, 
to be ascertained and set off in the same way and with the same effect as pro- 
vided for the head of a family ; provided, however, that there shall not be an 
allowance of more than one thousand dollars' worth of real estate, nor more 
than five hundred dollars' worth of personal property, to the husband and 
wife jointly. 

1942 Code § 9091; 1932 Code § 9091: Civ. C. '22 § S496; Civ. C. '12 § 3717; Civ. C. '02 
§ 2632; G. S. 2000; R. S. 2132; 1880 (17) 516. 

The lands of husband and wife are taken Husband's homestead rights in wife's 

together to make up homestead. McClen- property. — McClenaghan v. McEachern, 56 

aghan v. McEachern, 47 S. C. 446, 25 S. S. C. 350, 34 S. E. 627 (1899). 
E. 296 (1896). 

§ 34-62. Property set aside not exempt from levy and sale for certain debts. 

The exemptions contained in this Title shall not extend to an attachment, 
levy or sale in any mesne or final process to secure or enforce the payment 
either of taxes or of obligations contracted for the purchase of the homestead 
or the erection or making of improvements or repairs thereon or for the pur- 
chase of the personal property ; provided, however, that the court or authority 
issuing such process shall certify thereon that it is issued for some one or 
more of such purposes and no other. 

1942 Code § 9092; 1932 Code § 9092; Civ. C. '22 § 5497; Civ. C. '12 § 3718; Civ. C. '02 
§ 2633; G. S. 2001; R. S. 2133; 1896 (22) 192. 

I. Purchase Money. IV. Products of Homestead. 

II. Taxes. V. Certificate of Endorsement. 

III. Improvements. 

Cross Reference. 
See S. C. Const., Art. 3, § 28, and notes. 

I. PURCHASE MONEY. other purposes. Burnside v. Walkins, 30 

There is no homestead against debt for S - C 459 ' 9 S ' E - S18 ( 1889 >- 
purchase money. Calhoun v. Calhoun, 2 S. Money lent to purchase lands is not pur- 

C. 283 (1871). chase money. Amick v. Amick, 59 S. C. 

But there is against a process on bond for 70, 37 S. E. 39 (1900). 
the purchase money in part only and for A note for money borrowed to pay pur- 

207 



§34-62.1 



< of Law s oi South ( Carolina 



§34-62.1 



chase money is not a contract for the pur- 
chase of the homi stead. Calmes v. Mc- 
Crackcn, 8 S. C. 87 (1876). 

Nor is a new bond given and accepted 
for old bond for purchase money. Adams 
v. Agnew, 15 S. C. 36 (1881). 

Obligation for purchase money. — McNair 
v. Moore, 64 S. C. 82. 41 S. E. 829 (1902). 

II. TAXES. 

There is no homestead against city taxes. 
Oliver v. White, 18 S. C. 235 (1883). 

Purchaser at tax sale takes free from 
claim of homestead. Shell v. Duncan, 31 
S. C. 547, 10 S. E. 330 (1889). 

III. IMPROVEMENTS. 

There is no exemption against debt for 
improvements on the homestead. Allen v. 
Harley, 3 S. C. 412 (1872'; All v. Goodson, 
33 S. C. 229, 11 S. E. 703 (1890). 

Need not be set out in judgment. — In 
action to subject land occupied as a home- 
stead, and conveyed by husband to his 
wife, to a judgment secured against the 
husband, the fact that the judgment did 
not recite that it was for purchase price of 
improvements on property was immaterial, 
where the decree in present case contained 
such a finding. Cetts & Co. v. Richardson, 
112 S. C. 279, 99 S. E. 815 (1919). 

IV. PRODUCTS OF HOMESTEAD. 

Endorser of note has right of payee for 
agricultural advances. — Under this section 
providing that the products of a homestead 
shall be subject to the payment of obliga- 
tions contracted for their productions. 
where the landlord signed the tenant's note 
given in payment for fertilizer, he was en- 
titled to recover as one making agricultural 
advances. White v. Barberry, 103 S. C. 
223, 88 S. E. 132 (1916). 



Action in equity for appointment of re- 
ceiver of crops, which owner is disposing of 
to defraud holder of judgment against him 
for labor in crops, levying of execution un- 
der judgment having been enjoined, may 
be maintained. Holladay v. Hodge, 84 S. 
C. 109, 65 S. E. 1019 (1909). 

V. CERTIFICATE OF 

ENDORSEMENT. 

Certificate of endorsement only simplifies 
the proof of the fact; but when the fact ap- 
pears otherwise it is not necessary to pro- 
tect sheriff in selling. Adams v. Agnew, 15 
S. C. 36 (1881); Oliver v. White, 18 S. C. 
235 (1883). 

It is necessary as to real estate. Burn- 
side v. Watkins, 30 S. C. 459, 9 S. E. 518 
(1889). 

But it seems not to be as to personalty, 
though not determined. Ex parte Lorenz, 
32 S. C. 365, 11 S. E. 206 (1890). 

Judge may certify that judgment is for 
purchase money, although not so stated in 
the complaint and at a subsequent term of 
the court. Green v. Spann, 25 S. C. 273 
(1886); Burnside v. Watkins, 30 S. C. 459, 
9 S. E. 518 (1889); Willingham v. Willing- 
ham, 55 S. C. 441, 33 S. E. 500 (1899). 

Certificate not being endorsed on the 
process for purchase money, homestead is 
allowed. Adams v. Agnew, 15 S. C. 36 
(1881). 

But such certificate cannot be endorsed 
for purchase money in part only. Burnside 
v. Watkins. 30 S. C. 459, 9 S. E. 518 (1S89). 

And homestead is not allowed when cer- 
tificate was not endorsed in execution for 
city taxes. Oliver v. White, 18 S. C. 235 
(1883). 

Applied in Odom v. Burch, 52 S. C. 305, 
29 S. E. 726 (1898) ; Burnside v. Watkins, 
32 S. C. 247, 10 S. E. 960 (1890). 



§ 34-62.1. For what products of homestead subject to levy, etc. 

The yearly products of the homestead shall be subject to attachment, levy 
and sale to secure or enforce the payment of obligations contracted for pro- 
visions or other necessary articles purchased or advances in money or mer- 
chandise procured to he used or expended in the production of such yearly 
products or of other obligations contracted in the production thereof, and 
of none other, but the court issuing the process therefor shall certify thereon 
that it is issued for such purpose and no other. 

1942 Code §9092; 1932 Code §9092; Civ. C. '22 §5497; Civ. C. '12 §3718; Civ. C. '02 
§2633; G. S. 2001; R. S. 2133; 1896 (22) 192. 



20S 



§34-63 Homestead axd Other Exemptions §34-65 

§34-63. When court may sell homestead or other exemption; reservation 
in money. 
Whenever in any cause pending in the court of common pleas in any county 
of this State the question of the right of any person to a homestead or other 
like exemption in and to any property involved in such cause shall be made and 
adjudicated or otherwise brought to the attention of the court, the court, 
when the real property in respect to which the homestead is claimed shall be 
found by the court to exceed the sum of one thousand dollars and when the per- 
sonal property in respect to which an exemption is claimed shall be found by the 
court to exceed the sum of five hundred dollars, in its discretion, may either 
direct a sale of the entire property and provide for the payment of the amount 
of the exemption out of the proceeds of sale or it may, when a division in 
kind shall appear to the court to be practicable, direct that the homestead and 
personal property exempted, or either, be assigned as otherwise provided in 
this Title. When the property shall be so sold and a sum of money shall 
be taken from the proceeds of sale as the exempted property, the court shall 
make such order relative to the investment or other disposition thereof as 
shall secure the rights of all parties interested. 

1942 Code § 9093; 1932 Code § 9093; Civ. C. '22 § 5498; Civ. C. '12 § 3719; Civ. C. '02 
§2634; R. S. 2133a; 1896 (22) 193. 

§ 34-64. Compensation of appraisers, surveyor, magistrate and master or clerk. 
Appraisers appointed to set off the homestead under this Title, shall re- 
ceive as compensation for such service two dollars each day and five cents a 
mile for every mile of necessary travel. The sheriff shall receive five dollars 
for all services incidental to setting off the homestead, but exclusive of all 
necessary disbursements. The magistrate or other officer who qualifies the 
appraisers shall receive for such service seventy-five cents and five cents a 
mile for every mile of necessary travel. The surveyor shall receive for his 
services a sum not exceeding ten dollars. The foregoing fees shall be paid by 
the officer executing the process out of the property of the debtor or, in case of 
the homestead set off to the widow or minor children, out of the estate of the 
deceased, by the executor or administrator thereof. The officer, before setting 
off the homestead and exemption, in any case, shall be entitled to demand and 
receive from the defendant in execution, in advance, a sum of money suffi- 
cient to cover the necessary fees and costs herein allowed. Whenever a home- 
stead is set off as provided in § 34-9 the master or clerk, as the case may be, 
shall receive as compensation five dollars for all services, including the record 
of the proceedings, but excluding the advertising, which shall not exceed five 
dollars, and which fees and costs shall be paid in advance by the party claim- 
ing the homestead and exemption. 

1942 Code § 9096; 1932 Code 9096; Civ. C. '22 § 5501; Civ. C. '12 § 3722; Civ. C. '02 
§ 2637; G. S. 2004; R. S. 2136; 1880 (17) 517. 

Cross references. — As to fee of magistrate stead, see §27-431. As to fees of apprais- 
to qualify appraiser in setting off home- ers to set out the homestead, see § 27-502. 

§ 34-65. Penalty for violation by officers. 

No sheriff, constable or other officer whose duty it is to enforce executions 
[4SCCode] — 14 209 



§ 34-65 



Code of Laws of South Carolina 



§ 34-65 



shall proceed in any other manner than as prescribed in this Title and should 
any officer sell any real estate, or sell or remove any personal property, in viola- 
tion of the provisions of this Title and of section 28 of article III of the Con- 
stitution of this State he shall be guilty of a misdemeanor and, on conviction 
thereof, shall, for the first offense, be fined in the sum of not less than five 
hundred dollars, nor more than one thousand dollars and, upon conviction for 
the second offense, his office shall be deemed vacant. And in either case he 
shall be liable in damages to the person injured for all injuries by reason of 
his wrongful levy or sale. 

1942 Code §§ 1540, 9095; 1932 Code §§ 1540, 9095; Civ. C. '22 § 5500; Cr. C. '22 § 487; 
Civ. C. '12 § 3721: Cr. C. '12 § 560; Civ. C. '02 § 2636; Cr. C. '02 § 403; G. S. 2003; R. S. 
320, 2135; 1880 (17) 516, 517. 



Cross references. — See S. C. Const., Art. 
3, § 28, and notes. As to how local officer 
may be removed without impeachment, see 
§ 50-4. 

Refusal of sheriff to sell. — A sheriff is not 
in default for refusing to sell land on execu- 
tion, claimed as a homestead, where he is 
not indemnified by plaintiff in execution. 
Corrv v. Tate, 48 S. C. 548, 26 S. E. 794 
(1897). 



Effect of wrongful levy and sale. — Brad- 
ford v. Buchanan, 39 S. C. 237. 17 S. E. 
501 (1893). 

Prior to this section demand for home- 
stead was necessary to create liability for 
damages. Oliver v. White. 18 S. C. 235 
(1883). 

Cited in Ex parte Lummus Cotton Gin 
Co., 116 S. C. 64, 106 S. E. 861 (1921). 



210 



[4SCCode] 



Title 35. 
Hotels, Boarding Houses, Restaurants and Tourist Camps.* 

Chap. 1. General Provisions. §§ 35-1 to 35-7. 

2. Regulation by Municipalities, §§ 35-51 to 35-54. 

3. Sanitary and Safety Provisions, §§ 35-101 to 35-142. 

4. Tourist Camps and Road Houses, §§ 35-201 to 35-208. 

5. Tourist Camps or Road Houses in Greenville County, §§ 35-301 to 
35-311. 



CHAPTER 1. 

General Provisions. 

Sec. Sec. 

35-1. Hotels to post rates. 35-4. When not liable for loss of baggage, 

35-2. Rights of innkeepers extended to etc. 

keepers of boarding houses. 35-5. Defrauding keepers of hotels, etc. 

35-3. Sale of baggage at auction in case 35-6. Prima facie evidence of such fraud. 

of default. 35-7. Failure to apply fund to payment of 

board as promised. 

§35-1. Hotels to post rates. 

Every transient hotel shall keep posted in a conspicuous place in the office 
a list of its charges for rooms, with or without meals, in accordance with the 
plan on which the hotel is operated, giving the exact transient rate, and shall 
also keep posted in each room the rate for that room, with or without meals, in 
accordance with its plan as stated above, giving the transient rate per day and 
week and the rate for each person in the room, as well as such rates for the 
fractional part of a day. No hotel shall charge a higher rate for a fractional 
part of a day than for a whole day. As used in this section the term "hotel" 
shall have the meaning stated in § 35-101. 

1942 Code § 5098; 1932 Code § 5098; Civ. C. '22 § 2367; 1920 (31) 860. 

§ 35-2. Rights of innkeepers extended to keepers of boarding houses. 

Keepers of boarding houses shall have the same rights and remedies for 

enforcing and collecting claims for board as are allowed by law to innkeepers 

or hotel keepers. 

1942 Code § 7223; 1932 Code § 7223; Civ. C. '22 § 3936; Civ. C. '12 § 2617; 1902 (23) 
1021; 1908 (25) 1085. 



* As to requirement that hotels and restaurants using imitation cheese and butter so 
advertise, see § 32-1670. As to exemption of hotel property in Aiken County from taxation, 
see § 65-1534. As to exemption from city taxes of hotel buildings in Georgetown, see 
§ 65-1556. 

211 



§ 35-3 Code of Laws of South Carolina § 35-5 

§ 35-3. Sale of baggage at auction in case of default. 

At any time after the expiration of ten days after the person incurring a 

debt or obligation has left a hotel, inn or boarding house, the debt or obligation 

being still due and unpaid, the owner or proprietor of the hotel, inn or boarding 

house may sell at public auction for cash at the hotel, inn or boarding house 

office any baggage or property left at the hotel, inn or boarding house to satisfy 

the debt or obligation, without any process at law or equity ; provided, however, 

such sale be advertised by written or printed posters at three public places 

in the vicinity for at least ten days before the sale. 

1942 Code § 7223; 1932 Code § 7223; Civ. C. '22 § 3936; Civ. C. '12 § 2617; 1902 (23) 
1021; 1908 (25) 1085. 

§ 35-4. When not liable for loss of baggage, etc. 

Whenever and so long as the proprietor of any hotel, inn or boarding house 

shall post and keep posted in a conspicuous manner in the room occupied by 

any guest a notice requiring such guest to bolt the door of such room or on 

leaving his room to lock the door and leave the keys at the office and also to 

deposit such money and jewels as are not ordinarily carried upon the person 

in the office safe and such guest shall neglect to comply with the requirements 

of such notice, the proprietor of such hotel, inn or boarding house shall not 

be liable for the loss of the baggage of such guest which may be lost or stolen 

from such room or for the loss of such money or jewels not deposited in such 

safe unless the proprietor of such hotel, inn or boarding house shall have by 

his own negligence contributed to such loss. 

1942 Code § 7222; 1932 Code § 7222; Civ. C. '22 § 3935; Civ. C. '12 § 2616; Civ. C. '02 
§ 1741; 1888 (20) 9. 

§ 35-5. Defrauding keepers of hotels, etc. 

Any person who shall : 

(1) At any hotel, inn, boarding house, rooming house, cafe or restaurant 
order and receive or cause to be furnished any food or accommodation under 
a contract to pay therefor with intent to defraud the owner or proprietor of 
such establishment out of the value or price of such food or accommodation ; 

(2) Obtain credit at any hotel, inn, boarding house, rooming house, cafe or 
restaurant by the use of any false pretense or device or by fraudulently depos- 
iting at such establishment any baggage or property of less value than the 
amount of such credit or of the bill by such person incurred, unless credit be 
given by express agreement ; or 

(3) After obtaining credit or accommodation under a contract to pay there- 
for at any hotel, inn, boarding house, rooming house, cafe or restaurant sur- 
reptitiously remove his baggage or property therefrom ; 

Shall be guilty of a misdemeanor. Any person convicted of violating the 

provisions of this section shall pay a fine of not more than fifty dollars or be 

imprisoned for not more than thirty days, in the discretion of the magistrate. 

1942 Code §§ 1219; 7223; 1932 Code §§ 1219, 7223; Civ. C. '22 § 3936: Cr. C. '22 § 107; 
Civ. C. '12 § 2617; Cr. C. '12 § 300; 1902 (23) 1021; 1908 (25) 1085; 1911 (27) 150; 1917 
(30) 165; 1939 (41) 115; 940 (41) 1885. 

212 



§ 35-6 Hotels, Boarding Houses, etc. § 35-51 

§ 35-6. Prima facie evidence of such fraud. 

Proof (a) that lodging, food or other accommodation obtained under a con- 
tract to pay therefor was obtained by false pretense or by false or fictitious 
show or pretense of baggage, (b) that a person absconded without paying or 
offering to pay for such food, lodging or other accommodation for which he 
had contracted, or (c) that a person surreptitiously removed or attempted to 
remove his baggage shall be prima facie proof of the fraudulent intent men- 
tioned in § 35-5. 

1942 Code §§ 1219. 7223; 1932 Code 5§ 1219, 7223; Civ. C. '22 §3936; Cr. C. '22 § 107; 
Civ. C. '12 § 2617; Cr. C. '12 § 300: 1902 (23) 1021; 1908 (25) 1085; 1911 (27) 150; 1917 
(30) 165; 1939 (41) 115; 940 (41) 1885. 

§ 35-7. Failure to apply fund to payment of board as promised. 

Any person who (a) procures board and lodging or board from any boarding 
house or innkeeper in this State upon the representation in writing that there 
is money due or to become due to him, to be paid on a future day, out of which 
he promises to pay for such board and lodging or board and (b) fails or refuses 
to so apply such money when collected by him shall be guilty of a misdemeanor 
and, on conviction, shall pay a fine not exceeding fifty dollars or be imprisoned 
not more than thirty days: provided, that if such person shall pay the amount 
due by him for such board and lodging or board and the costs of the prose- 
cution, the case may be discontinued, in the discretion of the magistrate issu- 
ing the warrant. 

1942 Code § 1220; 1932 Code § 1220; Cr. C. '22 § 108; Cr. C. '12 § 301; Cr. C. '02 § 221; 
1898 (22) 792. 



CHAPTER 2. 

Regulation by Municipalities. 

Sec. Sec. 

35-51. General authority. 35-54. Persons disobeying ordinance sub- 

35-52. Inspection; penalty for obstructing. ject to penalties. 

35-53. Denial or revocation of licenses. 

§ ?5-51. General authority. 

All towns and cities in this State may provide by ordinance such rules and 
regulations regarding the conduct and operation of hotels, restaurants, cafes 
and lunch counters therein as to provide for the public health, comfort and 
convenience. When such rules and regulations have been established by a 
city or town such city or town may provide by ordinance for the punishment of 
all offenders against such rules and regulations within the limits provided by 
law. But if there is a board of health in such town or city, its approval shall 
first be obtained before an}- such rules and regulations shall be established. 

1942 Code § 7234; 1932 Code § 7234; Civ. C. '22 \ 4389; 1917 (30) 46. 

213 



§35-52 



Code of Laws of South Carolina 



§ 35-54 



§ 35-52. Inspection ; penalty for obstructing. 

All such towns and cities may, by ordinance, provide for the inspection of 
all such places by some competent person appointed by the mayor or intendant 
and all persons conducting or operating such places shall at all times permit 
and allow inspections to be made of their premises by such inspectors. Any 
person who shall refuse to allow such inspection or who shall obstruct any 
officer whose duty it is to make such inspection shall be guilty of a misde- 
meanor and, upon conviction, shall be subject to such penalties as such towns 
or cities may impose by ordinance, not exceeding a fine of one hundred dol- 
lars or imprisonment for thirt\* days. 

1942 Code § 7235; 1932 Code § 7235; Civ. C. '22 § 4390; Cr. C. '22 § 298; 1917 (30) 46. 

§ 35-53. Denial or revocation of licenses. 

Such towns and cities may deny or revoke any license granted to conduct 
any such business when, in the judgment of the mayor or intendant, such ordi- 
nances are not complied with. 

1942 Code § 7236; 1932 Code § 7236; Civ. C. '22 § 4391; 1917 (30) 46. 

§ 35-54. Persons disobeying ordinance subject to penalties. 

All persons shall carry out and obey all ordinances passed or enacted by any 
town or city under the provisions of this chapter and upon neglect or refusal 
to comply therewith shall be subject to the penalties herein provided. 

1942 Code § 7236; 1932 Code § 7236; Civ. C. '22 § 4391; 1917 (30) 46. 



CHAPTER 3. 
Sanitary and Safety Provisions. 



Sec. 
35-101. 
35-102. 



35-111. 
35-112. 
35-113. 
35-114. 
35-115. 



Article 1. 

Definitions and Application 
of Chapter. 



Definitions. 

Chapter inapplicable to private resi- 
dences. 

Article 2. 

Safety Provisions. 

Fire extinguishers to be provided. 

Stairways. 

Fire escapes. 

Directions for reaching fire escapes. 

Exits from inside courts. 



Article 3. 

Sanitary Provisions. 

35-121. Water closets and washroom. 
35-122. Privies when waterworks not avail- 
able. 
35-123. Analysis of water. 



Sec. 

35-124. 
35-125. 
35-126. 
35-127. 
35-128. 

35-129. 
35-130. 
35-131. 
35-132. 
35-133. 
35-134. 

35-135. 
35-136. 
35-137. 

35-138. 

35-139. 

35-140. 
35-141. 
35-142. 



Cisterns and tanks. 

Fly screens, etc. 

Towels and soap. 

Sheets and pillow slips. 

Bedding to be clean and free of 

vermin. 
Fumigation and airing of rooms. 
Refrigerators: kitchens. 
Dishes E.nd utensils. 
Food not to be re-served. 
Disposal of garbage. 
Premises to be kept clean and in 

good repair. 
Physical examination of employees. 
Inspection. 
Powers of inspectors; access and 

assistance to be afforded. 
Procedure when hotel found not in 

compliance. 
Inspectors to swear out warrants. 
Reports of inspectors. 
Score cards. 
Penalties. 



214 



§35-101 Hotels, Boarding Houses, etc. §35-113 

Article 1. 
Definitions and Application of Chapter. 

§35-101. Definitions. 

A "hotel" as used in this chapter is an inn or public lodging house of more 
than ten bedrooms where transient guests are fed or lodged for pay in this 
State. 

The term "restaurant" as used in this chapter shall include lunch counters 
and cafes. 

The term "transient guests" as used in this chapter shall mean one who puts 
up for less than one week at such a hotel. 

The term "standing water" as used in this chapter shall mean that which 
remains for ten days or more in a cistern, tank or other receptacle. 

1942 Code §§ 5097, 5105; 1932 Code §§ 5097, 5105; Civ. C. '22 §§ 2366, 2374; 1920 (31) 
860. 

§ 35-102. Chapter inapplicable to private residences. 

Nothing in this chapter shall apply to private residences at which lodgers 
are not received for hire. 

1942 Code § 5100; 1932 Code § 5100; Civ. C. "22 § 2369; 1920 (31) 860. 

Article 2. 

Safety Provisions. 

§ 35-111. Fire extinguishers to be provided. 

Every hotel shall provide each floor with one or more fire extinguishers of 
a type approved by the National Board of Fire Underwriters, which shall be 
kept in good working order at all times, with plain instructions thereon. 

1942 Code § 5099; 1932 Code § 5099; Civ. C. '22 § 236S; 1920 (31) 860. 

§35-112. Stairways. 

All hotels constructed in this State after March 6 1920 over two stories in 
height and over one hundred feet in length shall be constructed so that there 
shall be at least two stairs for the use of guests leading from the ground floor 
to the uppermost story and for larger buildings such number as the Insurance 
Commissioner of South Carolina shall designate. 

1942 Code § 5100; 1932 Code § 5100; Civ. C. '22 § 2369; 1920 (31) 860. 

§ 35-113. Fire escapes. 

Every hotel in this State over two stories in height shall be provided with 
permanent iron balconies with iron stairs leading from one balcony to the 
other, above the ground floor, and with a stairway or ladder extending to the 
ground, in case such hotel is over one hundred and fifty feet in length and in 
other cases such number as may be directed by the Insurance Commissioner 
of South Carolina or his agent. But when hotels were built prior to March 6 
1920 and are, in the opinion of the Insurance Commissioner of South Carolina 
or his agent, provided with sufficient inner stairways, so located as to furnish 

215 



§35-114 Code of Laws of South Carolina §35-122 

sufficient egress in case of fire, the Commissioner may waive the requirement 
for outside iron balconies and stairs. Such balconies and iron stairs shall be 
constructed at the expense of the owner of the hotel. This section shall not 
apply to hotels built prior to March 6 1920 where fire escapes are located so as 
to go through any room. 

1942 Code § 5100; 1932 Code § 5100; Civ. C. '22 § 2309; 1920 (31) 860. 

§ 35-1 14. Directions for reaching fire escapes. 

In every hotel having fire escapes directions for reaching the fire escapes 
shall be kept posted at the entrance of each stairway and elevator shaft and 
in each bed room above the ground floor. From eight o'clock in the evening 
until six o'clock in the morning the location and direction of the fire escapes 
shall be indicated by red lights. 

1942 Code § 5101; 1932 Code § 5101; Civ. C. '22 § 2370; 1920 (31) 860. 

§35-115. Exits from inside courts. 

The proprietor, manager or other person in charge of every hotel constructed 
with an inside court or light well enclosed on all sides and with sleeping rooms 
or lodging apartments the only windows of which open upon or into such 
court or light well shall provide escape from such inside court or light well 
through a room or rooms, or otherwise, on a level with the lowest floor to 
which the light well extends. 

1942 Code § 5102; 1932 Code § 5102; Civ. C. '22 § 2371; 1920 (31) 860. 

Article 3. 
Sanitary Provisions. 

§ 35-121. Water closets and washroom. 

In all cities, towns or villages in which a system of waterworks and sewerage 
is maintained for public use, every hotel therein accessible to a water main 
and a sewer main shall be equipped with suitable water closets for the accommo- 
dation of its guests. Such water closets shall be connected and trapped by proper 
plumbing with such water and sewerage systems and there shall be some ade- 
quate means of flushing the water closets with the water in such manner as 
to prevent sewer gas from arising therefrom. The wash bowls in the main 
washroom of such hotel must be connected and trapped and equipped in sim- 
ilar manner, both as to method and time. All such equipment shall be paid for 
by the owner. 

1942 Code § 5103; 1932 Code § 5103; Civ. C. '22 § 2372; 1920 (31) 860. 

§ 35-122. Privies when waterworks not available. 

In all towns and villages not having a public system of waterworks every 
hotel therein shall have properly constructed privies, as approved by the State 
P.oard of Health, and such privies shall be kept in sanitary condition at all 
times. 

1942 Code § 5104; 1932 Code § 5104; Civ. C. '22 § 2373; 1920 (31) S60. 

Cross reference. — As to general health 
law for privies, see §§32-1221 to 32-1231. 

216 



§ 35-123 Hotels, Boarding Houses, etc. § 35-127 

§ 35-123. Analysis of water. 

A sample of water used in every hotel and restaurant, except when the 
water is derived from such a public water supply, shall be sent by the pro- 
prietor to the State Board of Health for analysis twice each year, with a cer- 
tificate that it is the water used in such hotel or restaurant. If the sample is 
found by such analysis to be unfit for the use that is made of the water in the 
hotel or restaurant, the further use of such water shall be discontinued until 
permission is granted by the State Board of Health to resume the use of such 
water. 

1942 Code § 5106; 1932 Code § 5106; Civ. C. '22 § 2375; 1920 (31) 860. 

Cross reference. — As to drinking water in 
hotels, boarding houses and inns, see 
§ 32-1284. 

§ 35-124. Cisterns and tanks. 

The proprietor of every hotel shall keep all cisterns, tanks and other re- 
ceptacles containing standing water screened or otherwise so covered as to 
prevent the entrance of flies, mosquitoes and other disease-carrying insects. 

1942 Code § 5105; 1932 Code § 5105; Civ. C. '22 § 2374; 1920 (31) 860. 

§35-125. Fly screens, etc. 

The proprietor or keeper of every hotel or restaurant shall at all times 
keep screened the outside doors, windows and all openings of the kitchen and 
dining room with suitable meshwire gauze. Every hotel must have all bed- 
room windows screened for protection 'against flies, mosquitoes and other 
insects and the proprietor or keeper of ever}' hotel and restaurant shall use 
such other means as fly paper, flytraps and other devices as may be neces- 
sary to keep his restaurant, kitchen and dining rooms reasonably free from 
flies. 

1942 Code § 5107; 1932 Code § 5107; Civ. C. '22 § 2376; 1920 (31) 860. 

§ 35-126. Towels and soap. 

All hotels shall furnish each guest with a clean towel and individual soap. 
The use of roller or other towels used in common is hereby prohibited in all 
hotels and restaurants. 

1942 Code § 5111; 1932 Code § 5111; Civ. C. '22 § 2380; 1920 (31) 860. 

§35-127. Sheets and pillow slips. 

All'hotels shall provide each bed, bunk, cot or other sleeping place for the 
use of guests with pillow slips and under and top sheets of sufficient width to 
cover the mattress thereof and at least ninety inches long. All pillow slips 
and sheets after being used by one guest must be washed and ironed before 
being used by another guest, a clean set being furnished each succeeding guest. 

1942 Code § 5108; 1932 Code § 5108; Civ. C. '22 § 2377; 1920 (31) 860. 

217 



§ 35-128 Code of Laws of South Carolina § 35-134 

§ 35-128. Eedding to be clean and free of vermin. 

All beds, bedclolhing, mattresses and pillows shall always be kept clean and 
free of vermin. 

1942 Code § 5109; 1932 Code § 5109; Civ. C. '22 § 2378; 1920 (31) 860. 

Cross reference. — As to bedding generally, 
see §§32-1351 to 32-1398. 

§ 35-129. Fumigation and airing of rooms. 

Every room after being occupied by anyone known or suspected to be suf- 
fering from tuberculosis, diphtheria or other contagious disease must be 
thoroughly disinfected as prescribed by the State Board of Health before fur- 
ther occupancy and every room after being occupied by anyone known or 
suspected to be suffering from measles or whooping cough must be thoroughly 
aired for twenty-four hours before subsequent occupancy. 

1942 Code § 5110; 1932 Code § 5110; Civ. C. '22 § 2379; 1920 (31) 860. 

§35-130. Refrigerators; kitchens. 

The refrigerator, ice box and cold storage rooms of all hotels or restau- 
rants must be kept free from foul and unpleasant odors, mold and slime. The 
kitchen must be well lighted and ventilated, the floor clean and the side walls 
and ceilings free from cobwebs and accumulated dirt. 

1942 Code § 5112; 1932 Code § 5112; Civ. C. '22 § 2381; 1920 (31) 860. 

§35-131. Dishes and utensils. 

All dishes, tableware and kitchen utensils must be thoroughly washed and 
rinsed with clean water after using. 

1942 Code § 5113; 1932 Code § 5113; Civ. C. '22 §2382; 1920 (31) 860. 

§ 35-132. Food not to be re-served. 

Food served to customers, when part of it has been used, must not again 
be served to customers. 

1942 Code § 5113; 1932 Code § 5113; Civ. C. '22 § 2382; 1920 (31) 860. 

§35-133. Disposal of garbage. 

All garbage must be kept covered and protected from flies, in barrels or 
galvanized iron cans, and removed at least twice a week. 

1942 Code § 5114; 1932 Code § 5114; Civ. C. '22 § 2383; 1920 (31) 860. 

§ 35-134. Premises to be kept clean and in good repair. 

Every lodging house and every part thereof shall at all times be kef>t free 
from filth and rubbish in or on the premises belonging to or connected with 
it. All water closets, wash basins, baths, windows, fixtures, fittings and 
painted surfaces shall at all times be kept clean and in good repair. The floors, 
walls and ceilings of all rooms, passages and stairways must at all times be 
clean and in good repair. 

1942 Code § 5115; 1932 Code § 5115; Civ. C. '22 § 23S4; 1920 (31) 860, 

21S 



§ 35-135 Hotels, Boarding Houses, etc. § 35-140 

§ 35-135. Physical examination of employees. 

Before any owner or manager of any such hotel, lodging house or restau- 
rant shall receive in its employ any cook, waiter or other employee, he shall 
require a health card showing that such employee has stood a physical ex- 
amination by some reputable physician and that he is free from all infectious 
and contagious diseases and is in sound health. 

1942 Code § 5120; 1932 Code § 5120; Civ. C. '22 § 2389; 1920 (31) 860. 

§ 35-136. Inspection. 

For the purpose of carrying out the provisions of this chapter the State 
Board of Health shall have inspected, through its inspectors to be by it desig- 
nated therefor, all hotels and restaurants in the State at least once a year. 
If upon inspection of any hotel or restaurant it shall be found that the provi- 
sions of this chapter and of § 35-1 have been fully complied with, the secretary 
of the State Board of Health shall issue a certificate to that effect to the per- 
son operating the hotel or restaurant and such certificate shall be kept posted 
in plain view in some conspicuous place in such hotel or restaurant. No fee 
for any such inspection shall be charged. 

1942 Code § 5116; 1932 Code § 5116; Civ. C. '22 § 2385; 1920 (31) 860; 1922 (32) 1053; 
1943 (43) 327; 1947 (45) 104. 

§ 35-137. Powers of inspectors; access and assistance to be afforded. 

The inspectors or representatives of the State Board of Health may enter 
any hotel at all reasonable hours to make such inspections. Every person in 
the management or control of any such hotel shall afford free access to every 
part of the hotel and render all aid and assistance necessary to enable the 
inspector to make a full, thorough and complete examination thereof. But 
no inspector shall violate the privacy of any guest without his consent. 

1942 Code § 5118; 1932 Code § 5118; Civ. C. '22 § 2387; 1920 (31) 860. 

§ 35-138. Procedure when hotel found not in compliance. 

The inspector, upon ascertaining by inspection or otherwise that any hotel 
is being conducted contrary to any of the provisions of this chapter, shall notify 
the manager or proprietor in what respect it fails to comply with the law, 
requiring such person within a reasonable time to do or to cause to be done the 
things necessary to make it comply with the law, whereupon such proprietor 
or manager shall forthwith comply with such requirements. 

1942 Code § 5121; 1932 Code § 5121; Civ. C. '22 § 2390; 1920 (31) 860. 

§ 35-139. Inspectors to swear out warrants. 

The inspector, in case he shall have knowledge of any violation of this chap- 
ter, shall swear out a warrant against the person offending. 

1942 Code § 5123; 1932 Code § 5123; Civ. C. '22 § 2392; 1920 (31) 860. 

§ 35-140. Reports of inspectors. 

The official representative or inspector of the State Board of Health shall, 
after inspection, make a report of the condition of the hotel inspected upon 

219 



§35-141 



Code of Laws of South Carolina 



§35-202 



blanks to lie provided by the State Board of Health, showing in detail the 
condition of the hotel with reference to compliance with this chapter. Each 
such report shall he filed in the office of the Board. 

1942 Code § 5117; 1932 Code § 5117; Civ. C. '22 § 2386; 1920 (31) 860. 

§ 35-141. Score cards. 

The representative or inspector of the State Board of Health herein re- 
quired to be appointed by it shall adopt the score card system. After each 
inspection the State Board of Health or its inspector shall issue to each hotel, 
lodging house or restaurant an inspection score card showing the per cent 
or degree of compliance with the provisions of this chapter. 

1942 Code § 5119; 1932 Code § 5119; Civ. C. '22 § 238S; 1920 (31) 860. 

§ 35-142. Penalties. 

Any person who shall, after notice, violate any of the provisions of this 
chapter or of the regulations of the State Board of Health pertaining to hotels 
and restaurants shall be guilty of a misdemeanor and, upon conviction thereof, 
shall be fined not exceeding the sum of one hundred dollars or imprisoned for 
thirty days. 

1943 (43) 327. 



CHAPTER 4. 
Tourist Camps and Road Houses. 



Sec. 
35-201. License required. 
35-202. Application for license. 
35-203. Issuance of license. 
35-204. License fee. 
35-205. Revocation of license. 



Sec. 
35-206. Law enforcing officers to inform as 

to issuing or revoking of license. 
35-207. Penalties. 
35-208. Chapter inapplicable in certain 

counties. 



§ 35-201. License required. 

No person shall maintain, operate or own any tourist camp or road house 
where beds or lodging are had for hire without first obtaining from the gov- 
erning body of the county in which such tourist camp or road house is lo- 
cated a license so to do. Such license shall be issued upon the conditions 
herein set out. 

1942 Code § 5123-1; 1937 (40) 172; 1938 (40) 1843. 

Cross reference. — As to application of 
§§ 35-201 to 35-208 to dance halls and places 
of amusement, see § 5-604. 



§ 35-202. Application for license. 

.Application for a license to operate, maintain or own any such tourist camp 
or road house shall be made in writing to the governing body of the county 
in which the license is to be issued and the application shall give the name of 
the owner of the property, the name of the manager or operator, the general 

220 



§ 35-203 Hotels. Boarding Houses, etc. § 35-208 

nature of the business proposed to be conducted and such other information 
as such governing body may require. 
1942 Code § 5123-2; 1937 (40) 172. 

§ 35-203. Issuance of license. 

Upon the filing of such application such governing body shall pass upon 
the application and make its recommendation in writing to the clerk of the 
court of general sessions and common pleas for the county in which the 
license is to be issued. If the majority of the governing body recommends 
the issuance of the license, then the clerk of court shall issue the license for 
a period of one year upon the payment of the license fee herein prescribed. 

1942 Code § 5123-3; 1937 (40) 172. 

§ 35-204. License fee. 

The license fee to be charged and collected in connection with the licensing 
of road houses and tourist camps shall be ten dollars per annum per tourist 
camp or road house. 

1942 Code § 5123-5: 1937 (40) 172. 

§35-205. Revocation of license. 

The governing body of any county wherein such a license has been issued 
may, upon such showing as to it may seem proper, revoke any license issued 
under the terms of this chapter. 

1942 Code § 5123-4; 1937 (40) 172. 

§ 35-206. Law enforcing officers to inform as to issuing or revoking of license. 

In the issuing or revoking of licenses herein provided for, the governing 
body of the county may call upon the law enforcing officers within the county 
for information pertinent to the issuing or revoking of such license and upon 
such call the officer or officers upon whom such call is made shall furnish 
such governing body with such information as they may possess. 

1942 Code § 5123-6; 1937 (40) 172. 

§ 35-207. Penalties. 

Any person violating the provisions of § 35-201 shall be guilty of 
a misdemeanor and, upon conviction, be fined the sum of not less than twenty 
dollars nor more than one hundred dollars or imprisoned for not more than 
thirty days in the discretion of the court. Any person violating the provi- 
sions of said section shall commit separate offenses for each day such pro- 
visions are violated. 

1942 Code § 5123-7; 1937 (40) 172; 1938 (40) 1552. 

§ 35-208. Chapter inapplicable in certain counties. 

- The provisions of this chapter shall not be applicable in the counties of 
Abbeville, Aiken, Anderson, Bamberg, Barnwell, Beaufort, Calhoun, Cherokee, 
Chesterfield, Clarendon, Colleton, Dillon, Dorchester, Florence, Georgctozcn, Green- 

221 



§ 35-301 Code of Laws of South Carolina § 35-304 

ville, Hampton, Jasper, Lee, Lexington, McCormick, Richland, Sumter and Wil- 
liamsburg. 

1942 Code §§ 4449-2, 5123-7; 1937 (40) 172; 1938 (40) 1552; 1940 (41) 1796. 



CHAPTER 5. 
Tourist Camps or Road Houses in Greenville County. 

Sec. Sec. 

35-301. Tourist camp county board. 35-306. To whom licenses not issued. 

35-302. License required to operate tourist 35-307. Revocation of license. 

camp or road house. 35-308. Operation and maintenance of 

35-303. Application for license. premises. 

35-304. Board to investigate and act on ap- 35-309. Physical examination of employees, 

plications; issuance of licenses; 35-310. Guest register, 

fees. 35-311. Penalties. 

35-305. Requirements for issuance of li- 
cense. 

§35-301. Tourist camp county board. 

There shall be in Greenville County a "Tourist Camp County Board," to be 
composed of the foreman of the grand jury, the sheriff and the county health 
officer. 

1942 Code § 4449-2; 1940 (41) 1796. 

§ 35-302. License required to operate tourist camp or road house, 

No person shall maintain, operate or own any tourist camp or road house 

without first obtaining from the tourist county board a license so to do. Such 

license shall be issued upon the conditions herein set forth. 
1942 Code § 4449-2; 1940 (41) 1796. 

§ 35-303. Application for license. 

Application for a license to operate, maintain or own any such place of 
business shall be made in writing to the tourist camp county board and the 
application shall give the name of the owner of the property, the name of 
the manager or operator, the general nature of the business proposed to be 
conducted and such other information as the tourist camp county board may 
require. 

1942 Code § 4449-2; 1940 (41) 1796. 

§35-304. Board to investigate and act on application; issuance of licenses; 
fees. 
Upon the filing of an application to operate a tourist camp or road house 
the tourist camp county board shall investigate the application and make its 
recommendation in writing to the clerk of the court of general sessions and 
common pleas for Greenville County. If the majority of the tourist camp 
county board recommends the issuance of such license the clerk of court 

222 



§ 35-305 Hotels, Boarding Houses, etc. § 35-310 

shall issue such license for a period of one year upon the payment of a license 
fee of ten dollars. The license fee shall go into the general county fund. 
1942 Code § 4449-2; 1940 (41) 1796. 

§ 35-305. Requirements for issuance of license. 

No license shall be issued to any such operator until his establishment has 
been equipped with running water, adequate sewage disposal and any other 
sanitation requirements that the board may see fit to require. 

1942 Code § 4449-2; 1940 (41) 1796. 

§ 35-306. To whom licenses not issued. 

No license shall be issued to any operator of any such tourist camp or road 
house who has been convicted of dealing in, selling or transporting whiskey 
within the preceding year. No license shall be issued to any operator of any 
such establishment who allows intoxicating beverages to be stored, sold or 
drunk on his premises. 

1942 Code § 4449-2; 1940 (41) 1796. 

§ 35-307. Revocation of license. 

The tourist camp county board shall revoke the license of any such place 
of business in the county that fails or refuses to carry out any of the provisions 
of this chapter. And the tourist camp county board may revoke any license 
issued under the terms of this chapter for any reason which, in the opinion of 
the board, is sufficient to justify such revocation. 

1942 Code § 4449-2; 1940 (41) 1796. 

§ 35-308. Operation and maintenance of premises. 

The tourist camp county board shall require the person in whose name the 
license has been issued to keep the place of business and the premises where 
it is located in a healthful and sanitary condition. The board shall likewise 
require such place of business to be operated in a peaceful, decent, orderly 
and lawful manner. 

1942 Code § 4449-2; 1940 (41) 1796. 

§ 35-309. Physical examination of employees. 

Each employee of any such establishment shall be required to stand a 
physical examination annually and keep in his possession a health certificate 
issued by the county health department. 

1942 Code § 4449-2; 1940 (41) 1796. 

§35-310. Guest register. 

Every person who obtains lodging at any such place of business as is de- 
scribed herein shall be required to register his true name and address in a 
hook to be kept by the operator of such establishment. Such register shall be 
inspected once each month by the tourist camp county board. Every person 
who obtains lodging at any such place of business and fails or refuses to reg- 
ister as required by the terms of this section or shall register under a false 

223 



§35-311 Code of Laws of South Carolina §35-311 

name shall be guilty of a misdemeanor and, upon conviction thereof, shall 
be fined not less than twenty-five dollars nor more than one hundred dollars 
or imprisoned for not more than thirty days. 
1942 Code § 4449-2; 1940 (41) 1796. 

§35-311. Penalties. 

Any person violating any of the provisions of this chapter shall be guilty 
of a misdemeanor and, upon conviction, be fined the sum of not less than 
twenty-five dollars nor more than one hundred dollars or imprisoned for not 
more than thirty days, in the discretion of the court. Any person violating 
any provisions of this chapter shall commit separate offenses for each day 
such provisions are violated. 

1942 Code § 4449-2; 1940 (41) 1796. 



224 



Title 36. 
Housing and Redevelopment.* 

Chap. 1. State Housing Law, §§ 36-1 to 36-61. 

2. The Housing Authorities Law, §§ 36-101 to 36-280. 

3. The Housing Cooperation Law, §§ 36-301 to 36-307. 

4. The Redevelopment Law, §§ 36-401 to 36-414. 

5. Dwellings Unfit for Human Habitation in Municipalities of Over 

Five Thousand, §§ 36-501 to 36-511. 
6- Investments in Housing Obligations, §§ 36-601 to 36-605. 
7. Local Provisions, § 36-651. 



CHAPTER 1. 

State Housing Law. 



Sec. 

36-1. 

, ; 6-2. 
36-3. 



Article 1. 
General Provisions. 

Short title. 

Legislative finding:. 

General duties of State Research, 
Planning and Development Board 
with respect to housing. 

Article 2. 

Incorporation and General Regulation 
of Housing Corporations. 

Incorporation of limited dividend 

housing corporations. 
Purposes of such corporations. 
All shares to have par value. 

36-14. Declaration required in articles. 

36-15. Income debentures. 

36-16. Consideration for issuance of stocks 
and bonds. 

36-17. Limited return on stock. 

36-18. Limitations on actions by companies. 

36-19. Certain conveyances, leases, etc., 
void. 

36-20. Regulation of limited dividend hous- 
ing companies. 

36-21. Investigation of limited 
housing companies. 



36-11. 

36-12. 

36-13. 



dividend 



Sec. 

36-22. Fees: collection by Board. 
36-23. Provisions of general corporation 
law applicable. 

Article 3. 

Projects. 

36-31. Approval of projects. 

36-32. Action by city council on plans, 

adoptions or rejections by Board. 
36-33. What "cost" to include. 
36-34. Receipt and disbursement of funds 

by trustee. 
36-35. Acquisition of land required. 
36-36. Prerequisites to condemnation. 
36-37. Sale or purchr.se of lands to or from 

municipality. 
36-38. Purchases b\- one limited dividend 

corporation of property of another. 
36-39. Consolidated and extended projects; 

operation of more than one project. 

Article 4. 

Operation, Mortgages, Reorganization, 
Foreclosure, etc. 

36-51. Control of rentals. 

36-52. Payments to be covered by rentals. 



* As to powers of a building and loan association witli respect to Federal Home Loan 
Bank Act and Home Owner's Loan Act. see §§ 8-606, 8-607. As to building and loan 
association selling its stock to Home Owner's Loan Corporation, see § 8-622. As to 
charges for house rent and other services in payment oi wages, see §§ 40-141 to 40-149. 

[4 SC Code] — 15 225 



§ 36-1 Code of Laws of South Carolina § 36-3 

Sec. Sec. 

30-53. Reduction of rentals. 30-5S. Foreclosure. 

30-54. Surplus; maximum payments on dis- 30-59. When foreclosure may be free of re- 
solution, strictions of § 30-58. 

30-55. Summary proceedings for mandamus 30-00. Enforcement of judgments not relat- 
or injunction against companies. ing to mortgage indebtedness. 

30-50. Procedure in such cases. 30-01. Reorganization of housing compa- 

36-57. Mortgages and mortgage bonds. nies. 

Article 1. 

General Provisions. 
§ 36-1. Short title. 

This chapter shall be known as the "State Housing Law." 
1942 Code § 5271-4; 1933 (38) 170. 

§ 36-2. Legislative finding. 

It is hereby declared that it is necessary in the public interest to make pro- 
vision for housing families of low income and to provide for the elimination 
of congested and unsanitary housing conditions which exist in certain areas of 
the State and which are a menace to the health, safety, morals, welfare and 
reasonable comfort of the citizens of the State. The providing of such hous- 
ing for families of low incomes and the correction of these conditions in such 
areas being now otherwise impossible, it is essential that provision be made 
for the investment of private funds at low interest rates, the acquisition at 
fair prices of adequate parcels of land, the construction of new housing facili- 
ties under public supervision in accord with proper standards of sanitation and 
safety and at a cost which will permit monthly rentals which wage earners can 
afford to pay and for the gradual demolition of existing unsanitary and unsafe 
housing. Therefore, the agencies and instrumentalities herein established are 
declared to be the agencies and instrumentalities of the State for the purpose 
of attaining the ends herein recited and their necessity in the public interest is 
hereby declared as a matter of legislative determination. 

1942 Code § 5271-5; 1933 (38) 170. 

§ 36-3. General duties of State Research, Planning and Development Board 
with respect to housing. 
The State Research, Planning and Development Board, hereafter in this 
chapter sometimes called the Board, may : 

(1) Study housing conditions and needs throughout the State to deter- 
mine in what areas congested and unsanitary housing conditions constitute a 
menace to the health, safety, morals, welfare and reasonable comfort of the 
citizens of the State ; 

(2) Prepare programs for correcting such conditions; 

(3) Collect and distribute information relating to housing; 

(4) Investigate all matters affecting the cost of construction or production 
of dwellings; 

(5) Study means of lowering rents of dwellings by securing economy in 
the construction and arrangement of buildings; 

226 [4SCCode] 



§36-11 Housing and Redevelopment §26-14 

(6) Recommend and approve the areas within which or adjacent to which 
the construction of housing projects by limited dividend housing companies 
may be undertaken ; and 

(7) Cooperate with local housing officials and planning commissions or 
similar bodies in cities and other localities in the development of projects they 
at any time may have under consideration. 

1942 Code § 5271-10; 1933 (38) 176; 1945 (44) 156. 

Article 2. 
Incorporation and General Regulation of Housing Corporations. 

§ 36-11. Incorporation of limited dividend housing corporations. 

Any number of natural persons, not less than three, a majority of whom are 
citizens of the United States, may become a limited dividend housing corpora- 
tion by subscribing, acknowledging and filing in the office of the Secretary of 
State articles of incorporation, hereinafter called "articles", setting forth the 
information required by chapter 2 of Title 12, except as herein modified or 
changed. 

1942 Code § 5271-18; 1933 (38) 176. 

§ 36-12. Purposes of such corporations. 

The purposes for which a limited dividend housing corporation is to be 
formed shall be as follows: to acquire, construct, maintain and operate hous- 
ing projects when authorized by and subject to the supervision of the Board. 

1942 Code § 5271-18; 1933 (38) 176. 

§36-13. All shares to have par value. 

The shares of which the capital of a limited dividend housing corporation 
shall consist shall have a par value. 

1942 Code § 5271-18; 1933 (38) 176. 

§ 36-14. Declaration required in articles. 

The articles of a limited dividend housing corporation shall contain a dec- 
laration (a) that the corporation has been organized to serve a public purpose 
and that it shall remain at all times subject to the supervision and control of 
the Board or of other appropriate State authority, (b) that all real estate ac- 
quired by it and all structures erected by it shall be deemed to be acquired for 
the purpose of promoting the public health and safety and subject to the pro- 
visions of the State Housing Law and (c) that the stockholders of the cor- 
poration shall be deemed, when they subscribe to and receive the stock there- 
of, to have agreed that they shall at no time receive or accept from the com- 
pany, in repayment of their investment in its stock, any sums in excess of the 
par value of the stock, together with cumulative dividends at the rate of six 
per cent per annum and that any surplus in excess of such amount if the com- 
pany shall be dissolved, shall revert to the State. 

1942 Code § 5271-18; 1933 (38) 176. 

227 



§36-15 Com-: of Laws of South Carolina §36-18 

§ 36-15. Income debentures. 

The articles of a limited dividend housing corporation may authorize the 
i a nice of income debenture certificates hearing no greater interest than six 
per cent per annum. After the incorporation of a limited dividend housing 
corporation, the directors thereof may, with the consent of two-thirds of the 
holders of any preferred stock that may be issued and outstanding, offer to 
the stockholders of the company the privilege of exchanging their preferred 
and common stocl; in such quantities and at such times as may be approved by 
the Board for such income debenture certificates, whose value shall not ex- 
ceed the par value of the stock exchanged therefor. 

1942 Code § 5271-21; 1933 (38) 176. 

§ 36-16. Consideration for issuance of stocks and bonds. 

No limited dividend housing company incorporated under this chapter shall 
issue stock, bonds or income debentures, except for money, services or prop- 
erty actually received for the use and lawful purposes of the corporation. 
No stock, bonds or income debentures shall be issued for property or services 
except upon a valuation approved by the Board and such valuation shall be 
used in computing actual or estimated cost. 

The Board may permit stock or income debentures to be issued for working 
capital to be used in connection with such project to any amount not exceed- 
ing three per cent of the estimated total cost or three per cent of the actual 
cost, if actual cost should exceed estimated cost, of a project. 

1942 Code § 5271-20; 1933 (38) 176. 

§36-17. Limited return on stock. 

No stockholder in any corporation formed hereunder shall receive any divi- 
dend in any one year in excess of six per cent per annum except that when 
in an)' preceding year dividends in the amount prescribed in the articles of 
incorporation shall not have been paid on the stock the stockholders may 
be paid such deficiency without interest out of any surplus earned in any suc- 
ceeding year. 

1942 Code § 5271-19; 1933 (38) 176. 

§ 36-18. Limitations on actions by companies. 

No limited dividend housing company incorporated under this chapter 
shall: 

(1) Acquire any real property or interest therein unless it shall first have 
obtained from the Board a certificate that such acquisition is necessary or 
convenient for the public purpose defined in § 36-14; 

(2) Sell, transfer, assign or lease any real property without first having 
obtained the consent of the Board, except that leases conforming to the 
regulations and rules of the Board and for actual occupancy by the lessees 
may be made without the consent of the Hoard ; 

(3) Bay interest returns on its mortgage indebtedness and its income 
debenture certificates at a higher rate than six per cent per annum; 

(4) Issue its stock, debentures and bonds covering any project undertaken 

22S 



§ 36-19 Housing and Redevelopment § 36-20 

by it in an amount greater in the aggregate than the total actual final cost 
of such project, including the lands, improvements, charges for financing and 
supervision approved by the Board and interest and other carrying charges 
during construction and an allowance for working capital to be approved by 
the Board but not exceeding three per cent of the estimated cost or of the 
total actual final cost if the final cost of the project shall be greater than the 
estimated cost ; 

(5) Mortgage any real property without first having obtained the consent 
of the Board : 

(6) Issue any securities or evidences of indebtedness without first having 
obtained the approval of the Board and the approval of the Insurance Com- 
missioner of South Carolina ; 

(7) Use any building erected or acquired by it for other than housing 
purposes, except that when permitted by law the story of the building above 
the cellar or basement and the space below such story may be used for stores, 
commercial, cooperative or community purposes and when permitted by law 
the roof may be used for cooperative or community purposes ; 

(8) Charge or accept any rental fee or other charge for housing accom- 
modations in any building constructed, acquired, operated or managed by 
it in excess of the prices prescribed by the Board ; 

(9) Enter into contracts for the construction of housing projects or for 
the payments of salaries to officers or employees except subject to the in- 
spection and revision of the Board and under such regulations as the Board 
from time to time may prescribe ; 

(10) Voluntarily dissolve without first having obtained the consent of 
the Board ; or 

(11) Make an)' guaranty without the approval of the Board. 
1942 Code § 5271-22; 1933 (38) 176. 

§ 36-19. Certain conveyances, leases, etc., void. 

Any conveyance, incumbrance, lease or sub-lease made in violation of the 
provisions of § 36-18 and any transfer or assignment thereof shall be void. 

1942 Code § 5271-22; 1933 (381 176. 

§ 36-20. Regulation of limited dividend housing companies. 

In pursuance of its power to supervise and regulate the operations of 
limited dividend housing companies incorporated under this chapter the 
Board may: 

(1) Order any such corporation to make, at its expense, such repairs and 
improvements as will preserve or promote the health and safety of the oc- 
cupants of buildings and structures owned or operated by such corporations ; 

(2) Order all such corporations to do such acts as may be necessary to 
comply with the provisions of the law, the rules and regulations adopted by 
the Board or the terms of any project approved by the Board or to refrain 
from doing any acts in violation thereof; 

(3) Examine all such corporations and keep informed as to their gen- 

229 



§ 36-21 Code of Laws of South Carolina § 36-22 

ernl condition, their capitalization and the manner in which their property 
is constructed, leased, operated or managed ; 

(4) Either through its members or agents duly authorized by it, enter in 
or upon and inspect the property, equipment, buildings, plants, offices, appar- 
atus and devises of any such corporation, examine all books, contracts, records, 
documents and papers of any such corporation and by subpoena duces tecum 
compel the production thereof; 

(5) In its discretion prescribe uniform methods and forms of keeping 
accounts, records and books to be observed by such corporations and pre- 
scribe by order accounts in which particular outlays and receipts shall be 
entered, charged or credited; 

(6) Require every such corporation to file with the Board an annual re- 
port setting forth such information as the Board may require, verified by 
the oath of the president and general manager or receiver, if any, thereof 
or by the person required to file such report, such report to be in the form, 
cover the period and be filed at the time prescribed by the Board ; 

(7) Require specific answers to questions upon which the Board may de- 
sire information and require such corporation to file periodic reports in the 
form covering the period and at the time prescribed by the Board ; and 

(8) From time to time make, amend and repeal rules and regulations for 
carrying into effect the provisions of this chapter. 

1942 Code § 5271-12; 1933 (38) 176. 

§ 36-21. Investigation of limited dividend housing companies. 

The Board may investigate the affairs of limited dividend housing com- 
panies incorporated under this chapter and the dealings, transactions or 
relationships of such companies with other persons. Any of the investiga- 
tions provided for in this chapter may be conducted by the Board or by a 
committee to be appointed by the Board consisting of one or more members 
of the Board. Each member of the Board or a committee thereof may admin- 
ister oaths, take affidavits and make personal inspections of all places to 
which their duties relate. The Board or a committee thereof may subpoena 
and require the attendance of witnesses and the production of books and 
papers relating to the investigations and inquiries authorized in this chapter, 
examine them in relation to any matter it has power to investigate and issue 
commissions for the examination of witnesses who are out of the State or 
unable to attend before the Board or excused from attendance. 

1942 Code § 5271-9; 1933 (38) 176. 

§ 36-22. Fees ; collection by Board. 

The Board may charge and collect from a limited dividend housing cor- 
poration, incorporated under this chapter, reasonable fees in accordance with 
the rates to be established by the rules of the Board : 

(1) For the examination of plans and specifications and the supervision 
of construction, an amount not to exceed one-half of one per cent of the cost 
of the project; 

230 



§36-23 Housing and Redevelopment §36-31 

(2) For the holding of a public hearing upon application of a housing cor- 
poration, an amount sufficient to meet the reasonable cost of advertising the 
notice thereof and of the transcript of testimony taken thereat ; and 

(3) For any examination or investigation made upon application of a 
housing corporation and for any act done by the Board, or any of its em- 
ployees, in performance of their duties under this chapter, an amount reason- 
ably calculated to meet the expenses of the Board incurred in connection 
therewith. 

In no event shall any part of the expenses of the Board incurred under 
the provisions of this chapter ever be paid out of the State Treasury. The 
Board may authorize a housing corporation to include such fees as part 
of the cost of a project or as part of the charges specified in § 36-52 pursuant 
to rules to be established by the Board. 

1942 Code § 5271-29; 1933 (38) 176. 

§ 36-23. Provisions of general corporation law applicable. 

The provisions of the general corporation law shall apply to limited divi- 
dend housing corporations, except when such provisions are in conflict with 
the provisions of this chapter. 

1942 Code § 5271-18; 1933 (38) 176. 

Article 3. 
Projects. 

§36-31. Approval of projects. 

No housing project proposed by a limited dividend housing company in- 
corporated under this chapter shall be undertaken and no building or other 
construction shall be placed under contract or started without the approval 
of the Board. No housing project shall be approved by the Board unless: 

(1) It shall appear practicable to rent the housing accommodations to be 
created at rentals not exceeding those prescribed by the Board; 

(2) The project will not be in contravention of any zoning or building 
ordinance in effect in the locality in which the housing accommodations are 
to be located; 

(3) There shall be submitted to the Board a financial plan in such form 
and with such assurance as the Board may prescribe to raise the actual cost 
of the lands and projected improvements by subscriptions to or the sale of 
the stock, income debentures and mortgage bonds of such corporation, which 
plan may provide for the raising of working capital in an amount to be ap- 
proved by the Board not to exceed three per cent of the actual cost through 
the investment in stock and income debentures of the corporation; 

(4) There shall be such plans of site development and buildings as show 
conformity to reasonable standards of health, sanitation, safety and provi- 
sion for light and air, accompanied by proper specifications and estimates of 
cost, such plans and specifications in any case not falling below the require- 
ments of the health, sanitation, safety and housing laws of the State and 
meeting superior requirements if prescribed by local laws and ordinances; 

231 



§36-32 I od] 01 I \us in Soi mi Carolina §36-35 

(5) The plan- and specifications mentioned in paragraph (4) shall have 
been submitted to the city council or other governing body of the city in 
which the housing project is located ; 

(6) If required by the Board, the corporation shall deposit all moneys 
received by it as proceeds of its mortgage bonds, notes, income debentures 
or stock with a trustee which shall be a banking corporation authorized to 
do business in this State and to perform trust functions ; and 

(7) The acceptance of a designee of the Board as a member of the board 
of directors of such corporation. 

1942 Code § 5271-8; 1933 (38) 176. 

§ 36-32. Action by city council on plans, adoptions or rejections by Board. 

The city council to which plans and specifications shall have been submit- 
ted pursuant to paragraph 5 of § 36-31 shall return such plans and specifica- 
tions to the Board within fifteen days of their receipt by the council, together 
with such statements and recommendations as the council may desire to make. 
It shall be within the discretion of the Board to adopt or to reject any or all 
of such recommendations. 

1942 Code § 5271-8; 1933 (38) 176. 

§ 36-33. What "cost" to include. 

Whenever reference is made in this chapter to the cost of projects or of 
buildings and improvements in projects, such cost shall include charges for 
financing and supervision approved by the Board and carrying charges dur- 
ing construction required in the project, including interest on borrowed, and, 
when approved by the Board, on invested capital. 

1942 Code § 5271-8; 1933 (38) 176. 

§ 36-34. Receipt and disbursement of funds by trustee. 

A trustee to whom moneys are payable pursuant to requirements of the 
Board made pursuant to paragraph (6) of § 36-31 shall receive such moneys 
and make payment therefrom for the acquisition of land, the construction of 
improvements and other items entering into the cost of land improvement 
upon presentation of draft, check or order signed by a proper officer of the 
corporation and, if required by the Board, countersigned by the Board or a 
person designated by it for such purpose. Any funds remaining in the cus- 
tody of such trustee after the completion of the project and paj ment or ar- 
rangement in a manner satisfactory to the Board for payment in full thereof 
shall be paid to the corporation. 

1942 Code § 5271-8; 1933 (3S) 176. 

§ 36-35. Acquisition of land required. 

When the Board shall have approved a project for the construction of hous- 
ing accommodations presented to it by a limited dividend housing corpora- 
tion, the corporation may undertake the acquisition of the property needed for 
the project. Such property may be acquired by gift, bequest or purchase or 
by the exercise of the power of eminent domain under and pursuant to the law 

232 



§36-36 Housing and Redevelopment §36-38 

providing for the appropriation or condemnation of private property by cor- 
porations. 

1942 Code § 5271-16; 1933 (38) 176. 

§ 36-36. Prerequisites to condemnation. 

The power of eminent domain shall not be exercised by a limited dividend 
housing corporation except with specific authorization of such action by the 
Board and for such purpose the Board shall specify that the acquisition of 
the property and the construction of the particular housing accommodations 
in connection with which the power is required has been determined by the 
Board, after public hearing, to be in the public interest and necessary for the 
public use. The hearing shall be held at a time and place appointed by the 
Board and notice of such hearing shall be given by the corporation by one 
publication in a newspaper, designated by the Board, published or circulated 
in the city or county wherein the property is located at least ten days prior 
to such hearing. The owner, as shown upon the county auditor's current tax 
duplicate, of such property as is proposed to be acquired shall also be notified 
at least ten days prior to such hearing by registered mail addressed to the last 
known address of such owner. 

The Board may expressly except from its certificate hereunder, as un- 
necessary to the plan, any part of the property proposed to be acquired. The 
approval by the board of the project shall be deemed in any proceeding to 
acquire land by appropriation as sufficient evidence of the necessity of the 
appropriation and a duly certified copy of the certificate of the Board shall 
be conclusive evidence as to the matters lawfully certified therein in any ap- 
propriation proceeding. 

1942 Code § 5271-16: 1933 (38) 176. 

§ 36-37. Sale or purchase of lands to or from municipality. 

Whenever the council of any municipality in which a project approved by 
the Board is located shall determine by ordinance that any part of the land 
included in any such project should be maintained as a public park or grounds. 
such land may be purchased by the municipality for such purpose and there- 
after be maintained as a public park or grounds. The council of a municipality 
by ordinance may also determine that real property of the municipality, 
specified and described in such ordinance, is not required for use by the 
municipality and may sell or lease such real property to a limited dividend hous- 
ing corporation incorporated under this chapter. 

1942 Code § 5271-17; 1933 (38) 176; 1945 (44) 156. 

§ 36-38. Purchases by one limited dividend corporation of property of another. 
Before any limited dividend housing company incorporated under this chap- 
ter shall purchase the property of any other limited dividend housing corpora- 
tion, it shall file an application wtih the Board in the manner herein provided 
as for a new project and shall obtain the consent of the Board to the 
purchase and agree to be bound by the provisions of this chapter and the 
Board shall not give its consent unless it is shown to the satisfaction of the 

233 



§36-39 Conn; of Laws or South Carolina §36-52 

Board that the project is one that can be successfully operated according to 
the provisions of this chapter. 
1942 Code § 5271-27; 1933 (38) 176. 

§36-39. Consolidated and extended projects; operation of more than one 
project. 

The Board may permit the consolidation of two or more approved projects, 
the extension or amendment of any approved project or the consolidation 
of any approved project with a proposed project. In any of these events 
the consolidated project shall be treated as an original project and an applica- 
tion shall be submitted as in the case of an original project and rents may be 
averaged throughout the consolidated or extended project. The Board may 
likewise permit or decline to permit any limited dividend corporation to or- 
ganize and operate more than one project or to take over any project hereto- 
fore approved by the Board and operate it independently of other projects of 
the corporation. 

1942 Code § 5271-11; 1933 (38) 176. 

Article 4. 
Operation, Mortgages, Reorganization, Foreclosure, etc. 

§36-51. Control of rentals. 

The Board shall fix the maximum rental or charges per room to be charged 
the tenants of the housing accommodations furnished by any limited divi- 
dend housing corporation. Such maximum rental or charges shall be deter- 
mined upon the basis of the actual final cost of the project containing such 
rooms so as to secure, together with all other income of the corporation, a 
sufficient income to meet all necessary payments to be made by the corpora- 
tion as herein prescribed and such room rental rates or charges shall be sub- 
ject to revision by the Board from time to time. Letting, sub-letting or as- 
signment of leases of apartments in such housing accommodations at greater 
rentals than prescribed by the order of the Board are prohibited and all such 
leases will be void for all purposes. 

1942 Code § 5271-13; 1933 (38) 176. 

§ 36-52. Payments to be covered by rentals. 

The payments to be made by such corporation shall be: 

(1) All fixed charges and all operating and maintenance charges and ex- 
penses which shall include taxes, assessments, insurance, amortization charges 
in amounts approved by the Board to amortize the mortgage indebtedness 
in whole or in part, depreciation charges if, when and to the extent deemed 
necessary by the Board, reserves, sinking fund and corporate expenses essen- 
tial to the operation and management of the project in amounts approved by 
the Board; 

(2) A dividend not exceeding the maximum fixed by this chapter upon the 
stock of the corporation allotted to the project by the Board; and 

(3) When feasible in the judgment of the Board, a sinking fund in an 

234 



§ 36-54 Housing and Redevelopment § 36-56 

amount to be fixed by the Board for the gradual retirement of the stock and 
income debentures o: the corporation to the extent permitted by this chapter. 
1942 Code § 5271-13; 1933 (38) 176. 

§ 36-53. Reduction of rentals. 

If in any calendar or fiscal year the gross receipts of any company formed 
hereunder should exceed the payments or charges specified in § 36-52, the 
sums necessary to pay dividends, interest accrued or unpaid on any stock or 
income debentures and the authorized transfer to surplus, the balance shall, 
unless the board of directors with the approval of the Board shall deem such 
balance too small for the purpose, be applied to the reduction of rentals. 

1942 Code § 5271-25; 1933 (38) 176. 

§ 36-54. Surplus ; maximum payments on dissolution. 

The amounts of net earnings transferable to surplus in any year after mak- 
ing or providing for the payments specified in § 36-52 shall be subject to the 
approval of the Board. The amount of such surplus shall not exceed fifteen 
per cent of the outstanding capital stock and income debentures of the cor- 
poration, but the surplus so limited shall not be deemed to include any in- 
crease in assets due to the reduction of a mortgage or amortization or similar 
payments. On dissolution of any limited dividend housing corporation the 
stockholders and income debenture certificate holders shall in no event receive 
more than the par value of their stock and debentures plus accumulated, ac- 
crued and unpaid dividends or interest and any remaining surplus shall be 
paid into the general fund of the State. 

1942 Code § 5271-24; 1933 (38) 176. 

§ 36-55. Summary proceedings for mandamus or injunction against com- 
panies. 

Whenever the Board shall be of the opinion that any such limited dividend 
housing corporation is failing or omitting or about to fail or omit to do, any- 
thing required of it by law or by order of the Board and is doing or about 
to do anything or permitting anything or about to permit anything to be 
done, contrary to or in violation of law or of any order of the Board or which 
is improvident or prejudicial to the interests of the public, the lienholders or 
the stockholders, it may commence an action or proceeding in the court of 
common pleas of the county in which the corporation is located, in the name 
of the Board, for the purpose of having such violations or threatened violations 
stopped and prevented either by mandamus or injunction. 

1942 Code § 5271-15; 1933 (38) 176. 

§ 36-56. Procedure in such cases. 

The Board shall begin such action or proceeding by a petition and com- 
plaint to the court of common pleas, alleging the violations complained of and 
praying for appropriate relief by way of mandamus or injunction. The court 
shall thereupon specify the time, not exceeding twenty days after service of 

235 



§36-57 Cod] in Laws or South Carolina §36-58 

a copy of the petition and complaint, within which the corporation com- 
plained of must answer the petition and complaint. 

In case of default in answer or after answer the court shall immediately 
inquire into the facts and circumstances in such manner as the court shall 
direct without other or formal pleadings and without respect to any technical 
requirements. Such other persons or corporations as it shall seem to the 
court necessary or proper to join as parties in order to make its order or 
judgment effective may he joined as parties. The final judgment in any 
such action or proceeding shall either dismiss the action or proceeding or 
direct that a mandamus order or an injunction or both, be issued as prayed for 
in the petition and complaint or in such modified or other form as the court 
may determine will afford appropriate relief. 

19-12 Code § 5271-15; 1933 (38) 176. 

§ 36-57. Mortgages and mortgage bonds. 

Any company incorporated under this chapter may. subject to the approval 
of the Board, borrow funds and secure the repayment thereof by bond and 
mortgage or by an issue of bonds under a trust indenture. Each mortgage or 
issue of bonds by a company formed hereunder shall relate only to a single 
specified project and no other and such bonds shall be secured by mortgages 
upon all of the real property of which such project consists. The bonds so 
issued and secured and the mortgage or trust indenture relating thereto may 
create a first or senior lien and a second or junior lien upon the real property 
embraced in any project. Such bonds and mortgages may contain such other 
clauses and provisions as shall be approved by the Board, including the right 
to assignment of rents and entry into possession in case of default, but the 
operation of the housing projects in the event of such entry by mortgagee, 
trustee or receiver shall be subject to the regulations of the Board under this 
chapter. Provisions for the amortization of the bonded indebtedness of com- 
panies incorporated under this chapter shall be subject to the approval of the 
Board. 

1942 Code § 5271-23; 1933 (38) 176. 

§ 36-58. Foreclosure. 

In any foreclosure action the Board shall he made a party defendant and 
sh'tll take all steps in such action necessary to protect the interest of the pub- 
lic therein. Xo costs shall be awarded against the board. Foreclosure shall 
not he decreed unless the court to which application therefor is made shall he 
satisfied that the interests of the lienholder or holders cannot be adequately 
secured or safeguarded except by the sale of the property. In any such pro- 
ceeding the court may make an order increasing the rental to be charged for 
the housing accommodations in the project involved in such foreclosure or 
appoint a receiver of the property or grant such other and further relief as 
may be reasonable and proper. In the event of a foreclosure sale or other 
judicial sale the property shall, except as provided in § 36-59, be sold to a lim- 
ited dividend housing corporation organized under this chapter, if such a 

236 



§ 36-59 Housing and Redevelopment § 36-6! 

corporation shall bid and pay a price for the property sufficient to pay court 
costs and all liens on the property with interest. Otherwise the property shall 
be sold free of all restrictions imposed by this chapter. 
1942 Code § 5271-26; 1933 (38) 176. 

§ 36-59. When foreclosure may be free of restrictions of § 36-58. 

Notwithstanding the provisions of § 36-5S, whenever it shall appear that a 
corporation subject to the supervision either of the Commissioner of Insur- 
ance of South Carolina, the State Board of Bank Control or the Federal Gov- 
ernment or any agency or department of the Federal Government, shall have 
loaned on a mortgage which is a lien upon any such property, such corpora- 
tion shall have all the remedies available to a mortgagee under the laws of 
this State, free from any restrictions contained in § 36-5S, except that the 
Board shall be made a party defendant and shall take all steps necessary to 
protect the interests of the public and no costs shall be awarded against it. 

1942 Code § 5271-26; 1933 (38) 176. 

§ 36-50. Enforcement of judgments not relating to mortgage indebtedness. 

If a judgment is obtained against a limited dividend housing corporation 
in any action not pertaining to the collection of a mortgage indebtedness there 
shall be no sale of any of the real property of such corporation except upon 
sixty days' written notice to the Board. Upon receipt of such notice the 
Board shall take such steps as in its judgment may be necessary to protect 
the rights of all parties. 

1942 Code § 5271-28; 1933 (38) 176. 

§ 36-61. Reorganization of housing companies. . 

Reorganization of limited dividend housing corporations shall be subject 
to the supervision and control of the Board and no such reorganization shall 
be had without the authorization of such Board. 

Upon all such reorganizations the amount of capitalization, including 
therein all stocks, income debentures and bonds and other evidences of in- 
debtedness shall be such as is authorized by the Board which, in making its 
determination, shall not exceed the fair value of the property involved 

1942 Code § 5271-14; 1933 (38) 176. 



CHAPTER 2. 

The Housing Authorities Law. 

Article 1. Article 2. 

General Provisions. City Housing Authorities Generally. 

Sec. Sec. 

36-101. Short title of chapter. 36-111. Cities may create. 

36-102. Definitions. 36-112. Resolution of council required for 

36-103. Declaration of public interest. establishment. 

36-104. Cooperation of authorities. 

237 



Code of Laws of South Carolina 



S 
36 

36 
36 

36 
36 

36 
36 
36 
36 
36 



ec. 

113 



36 

36 

36 
36 



125. 
126. 



Resolution conclusive as to estab- 
lishment; evidence thereof. 

114. Commissioners. 

115. Same; special provisions for 
Charleston. 

116. Compensation of commissioners. 

117. Personal interest of commissioners 
or employees. 

-118. Removal of commissioners. 
110. Organization. 
-120. Territorial jurisdiction. 

121. Extraterritorial powers. 

122. Public hearing and findings pre- 

requisite to exercise of such pow- 
ers. 

123. Not effective while local authority 

has debt outstanding. 

124. Powers of authority vested in com- 

missioners. 
General corporate powers. 
Specific powers with respect to 

projects, planning, etc. 
Acquisitions may be by purchase 

or eminent domain. 

128. Condemnation proceedings. 

129. Appeal to court. 

130. Deposit and possession pending ap- 

peal. 
Removal and sale of personal prop- 
erty on lands condemned in 
Charleston. 

132. Studies and investigations; dis- 

semination of information. 

133. Power of examination; subpoenaing 

witnesses, etc. 

134. Authorities not to operate for prof- 

it; fixing rentals. 

135. Rental and tenant selections. 

136. Foreclosure frees projects from re- 

strictions. 

137. Protection of deposits. 

138. Tax exemption and payments in lieu 

of taxes. 

139. Projects subject to zoning and other 

laws. 

140. Provisions affecting other public 

bodies not applicable. 

141. Books and records. 



Sec. 

36-156. 
36-157 
36-15S 



36-127 



36 

36 
36 



36-131. 



36 
36 
36 

36 

36 

36 
36 

36 

36 

36 



Article 3. 
Loans, Grants, Bond Issues, etc. 

36-151. Loans or grants from Federal agen- 
cies. 

36-152. Provisions in contracts with United 
States. 

36-153. Agreement limiting powers. 

36-154. Minimum wages and maximum 
hours. 

36-155. Agreements for supervision, etc., 
by lender. 



36-159 
36-160 

36-161 
36-16. 
36-163 

36-164 

36-165 

36-166 

36-167 

36-168 
36-169 



36-181 
36-182 

36-183 

36-184. 

36-185 
36-186 
36-187 



36-201 
36-202 
36-203 
36-204 

36-205 

36-206 

36-207 
36-208 
36-209 
36-210 
36-211 

36-212 
36-213 
36-214 



Issue of bonds; security therefor. 
. Terms of bonds; negotiability. 
Provisions of bonds, trust inden- 
tures and mortgages or in connec- 
tion therewith. 
Covenant as to territory. 
. Effect of recital in bond of purpose 

of issue. 
. Obligations tax exempt. 
. Sale of bonds. 
Obligations authorized as invest- 
ments. 
Officers ceasing to be such before 
delivery of bonds. 
. Liability on bonds; bonds not "in- 
debtedness." 
Remedies of obligee of housing au- 
thority. 
Additional remedies conferrable on 

obligee. 
Debt insurance. 

Relationship with State Budget and 
Control Board. 

Article 4. 
County Housing Authorities. 

. Counties may create. 

Resolution of delegation required 
for establishment. 

Powers, duties, etc., of county hous- 
ing authorities. 

Delegation and Senator to perform 
functions of council and mayor. 
. Territorial jurisdiction. 

Same; may include city. 

Creation of authority in excluded 
county. 

Article 5. 
Regional Housing Authorities. 

. How created. 

. Consent required for creation. 

. Findings prerequisite to creation. 

. Resolutions conclusive as to estab- 
lishment; evidence thereof. 

. Effect on property, obligations, etc., 
of county authorities. 

. Commissioners of regional authori- 
ties. 

. Qualifications of commissioners. 

. Term of office of commissioners. 

, Removal of commissioners. 

. Meetings of commissioners. 

. Area of operation of regional au- 
thority. 

. Increase of area of operation. 

, Consent required to increase. 

. Findings prerequisite to increase. 



238 



§36-101 



Housing and Redevelopment 



§36-102 



Sec. 

36-215. Effect on property, obligations, etc., 
of county authority. 

36-216. Decrease of area of operation. 

36-217. Consent prerequisite to decrease. 

36-218. Findings prerequisite to reduction 
of area. 

36-219. Effect when area reduced to one 
county. 

36-220. Disposition of property in excluded 
county. 

36-221. Hearings prerequisite to creation or 
change of regional authority. 

36-222. Duties and powers of regional hous- 
ing authority. 

36-223. Records open to inspection; re- 
ports. 

Article 6. 

Consolidated Housing Authorities. 

36-231. How created. 

36-232. Prerequisite to creation. 

36-233. Subject to same provisions as re- 
gional authorities. 

36-234. Meaning of certain terms. 

36-235. Area of operations. 

36-236. General powers and duties. 

Article 7. 
Housing in Rural Areas. 

36-251. Housing authorities may provide. 



Article 8. 
Rural Authorities in Aiken County. 
Sec. 
36-261. Establishment. 
36-262. Legislative delegation and Senator 

as governing body and mayor. 
36-263. Territorial jurisdiction. 
36-264. Powers, etc., of such authorities. 

Article 9. 
Housing for National Defense Activities. 

36-271. Definitions. 

36-272. Undertaking of projects for per- 
sons engaged in national defense. 

36-273. Powers with respect to such proj- 
ects. 

36-274. Certain limitations not effective as 
to such projects. 

36-275. Further powers of authorities. 

36-276. Cooperation with Federal Govern- 
ment; sale of project. 

36-277. Powers of cooperation same as un- 
der other articles. 

36-278. Operation during and after defense 
periods. 

36-279. Obligations of authorities as in- 
vestments. 

36-280. Powers of authorities herein ad- 
ditional. 



Article 1. 

General Provisions. 

§36-101. Short title of chapter. 

This chapter may be known as the "Housing Authorities Law." 
1942 .Code § 5271-31; 1934 (38) 1368. 

§36-102. Definitions. 

The following terms, wherever used or referred to in this chapter shall 
have the following respective meanings, unless in any case a different mean- 
ing clearly appears from the context : 

(1) The term "Board" shall mean the State Research, Planning and Devel- 
opment Board; 

(2) "Authority" or "Housing Authority" shall mean a corporate body organ- 
ized in accordance with the provisions of this chapter for the purpose, with 
the powers and subject to the restrictions hereinafter set forth; 

(3) "Mayor" shall mean the chief executive of the municipality, whether 
the official designation of his office be Mayor, City Manager or some other 
title; 

(4) "Municipality" shall mean any city, town or other municipality in the 
State; 

239 



§ CG-102 Com-, of I \ws of South Carolina §36-102 

i 5 i "( ity" shall mean any city or town having population of more than five 
thou and inhabitants according to the last Federal or State census and "the 
City" shall mean the particular city or town for which a particular housing 
authority is created ; 

(6) "Council" shall mean the chief legislative body of the municipality; 

(7) "Commissioner" shall mean one of the members of an authority appoint- 
ed in accordance with the provisions of this article; 

(8) "Government" shall include the State and Federal governments and 
any subdivision, agency or instrumentality, corporate or otherwise of either 
of them ; 

(9) The "State" shall mean the State of South Carolina ; 

(10) "Project" shall include all lands, buildings and improvements acquired, 
owned, leased, managed or operated by a housing authority and all buildings 
and improvements constructed, reconstructed or repaired by a housing author- 
ity, designed to provide housing accommodations or stores, offices and com- 
munity facilities appurtenant thereto, whether or not acquired or constructed 
at one time and the term may also be applied to the planning of buildings and 
improvements, the acquisition of property, the demolition of existing struc- 
tures, the clearing of land, the construction, reconstruction and repair of im- 
provements and all other work in connection therewith ; 

(11) "Community facilities" shall include lands, buildings and equipment 
for recreation or social assembly, for educational, health or welfare activities 
and other necessary utilities primarily for the use and benefit of the occupants 
of housing accommodations to be constructed and operated hereunder; 

(12) The term "bonds" shall include bonds, notes, debentures or other writ- 
ten evidences of indebtedness carrying either the general credit of the author- 
it}- or payable solely out of pledged revenues ; 

(13) The term "mortgage" shall include mortgages, deeds of trusts or other 
ins truments creating a lien or security interest ; 

(14) The term "real property" shall include lands, lands under water, struc- 
tures and any and all easements, franchises and incorporeal hereditaments 
and every estate and right therein, legal and equitable, including terms for 
years and liens by way of judgment, mortgage or otherwise ; 

(15) "Persons of lozv income" shall mean persons or families who lack an 
amount of income which is necessary (as determined by the authority under- 
taking the project) to enable them without financial assistance to live in 
decent, safe and sanitary dwellings without overcrowding; but "persons of 
low income" on farms or in other areas outside of cities means persons or 
families whose average net income is less than the amount which is neces- 
sary (as determined by the authority operating in that area) to enable them, 
without financial assistance, to obtain or provide themselves with decent, 
safe and sanitary housing; 

(16) "Obligee of the Authority" or "Obligee" shall include any bondhol li . 
trustee for any bondholders, lessor demising to an authority property used 
in connection with a project, any assignee of such lessor's interest or any 

240 



§36-103 Housing and Redevelopment §36-112 

part thereof or the Federal Government when it is a party to any contract with 
an authority. 

19-12 Code §§ 5271-31, 5271-32; 1934 (38) 13oS; 1937 (-10) 431; 1942 (42) 1742; 1945 
(44) 156. 

§ 36-103. Declaration of public interest. 

ft is hereby declared as a matter of legislative determination that (a) in 
order to promote and protect the health, safety, morals and welfare of the 
public, it is necessary in the public interest to provide for the creation of 
public corporate bodies to be known as housing authorities and to confer 
upon and vest in such housing authorities all powers necessary or appropriate 
in order that they may engage in low cost housing and slum clearance projects 
and (b) the powers herein conferred upon the housing authorities, including 
the power to acquire property, to remove unsanitary or substandard condi- 
tions, to construct and operate housing accommodations and to borrow, ex- 
pend, lend and repay moneys for the purposes herein set forth, are public 
objects essential to the public interest. 

1942 Code § 5271-33; 1934 (38) 1368. 

§ 36-104. Cooperation of authorities. 

Any two or more housing authorities ma}' join or cooperate with one 
another in the exercise, either jointly or otherwise, of any or all of their powers 
for the purpose of financing (including the issuance of bonds, notes or other 
obligations and giving security therefor), planning, undertaking, owning, con- 
structing, operating or contracting with respect to a housing project located 
within the territorial jurisdiction or area of operation of any one or more 
of such authorities. For such purpose any authority may by resolution pre- 
scribe and authorize any other housing authority or authorities so joining or 
cooperating with it to act on its behalf with respect to any or all of such pow- 
ers. Any authorities joining or cooperating with one another may by resolu- 
tion appoint from among the commissioners of such authorities an executive 
committee with full power to act on behalf of such authorities with respect 
to any or all of their powers, as prescribed by resolutions of such authorities. 

1942 (42) 1742. 

Article 2. 

City Housing Authorities Generally. 

§36-111. Cities may create. 

In each city of the State there may be created in the manner herein pre- 
scribed a public body corporate and politic to be known as the "Housing Au- 
thority of ." 

1942 Code § 5271-34; 1934 (38) 1368; 1937 (40) 431; 1938 (40) 1909. 

§ 36-112. Resolution of council required for establishment. 

Such an authority may be created by the council of the city adopting a res- 
olution declaring that there is need for such an authority to function in such 
city. The determination as to whether there is such need for an authority to 
[4SCCode] — 16 241 



§36-113 Code of Laws of South Carolina §36-114 

function (a) may be made by the council on its own motion or (b) shall be 
made by the council upon the filing of a petition signed by twenty-five residents 
of the city asserting that there is need for an authority to function in the city 
and requesting that the council so declare. 

The council shall adopt such a resolution declaring that there is need for a 
housing authority in the city if it shall find (a) that insanitary or unsafe 
inhabited dwelling accommodations exist in such city or (b) that there is 
a shortage of safe or sanitary dwelling accommodations in such city avail- 
able to persons of low income at rentals they can afford. In determining 
whether dwelling accommodations are unsafe or insanitary the council may 
take into consideration the degree of overcrowding, the percentage of land 
coverage, the light, air, space and access available to the inhabitants of such 
dwelling accommodations, the size and arrangement of the rooms, the sani- 
tary facilities and the extent to which conditions exist in such buildings which 
endanger life or property by fire or other causes. 

The resolution shall be sufficient if it declares that there is such need for 
an authority and finds in substantially the foregoing terms (no further de- 
tail being necessary) that either or both of the above enumerated conditions 
exist in the city. 

1942 Code § 5271-34; 1934 (38) 1368; 1937 (40) 431; 1938 (40) 1909. 

The authority is created and established thereby that a conclusive presumption arose 
by this statute itself, and not by action of under the statute that the authority was 
the city council, and a resolution of the established and authorized to transact 
city council declaring the need for a hous- business and exercise its powers. Wood- 
ing authority is prerequisite only to the worth v. Gallman, 195 S. C. 157, 10 S. E. 
functioning of the authority in the city. (2d) 316 (1940). 

Woodworth v. Gallman, 195 S. C. 157, 10 This statute does not require that the 

S. E. (2d) 316 (1940). city council make a formal investigation as 

Presumption as to establishment. — In a a prerequisite to the validity of a resolu- 

suit to enjoin the authority and the city tion. Such a resolution is deemed sufficient 

from performing its contractual obligations, if it declares that there is such need for an 

the Supreme Court held that where the authority, and finds that either or both of 

complaint alleged the adoption of a resolu- the required conditions exist. Woodworth 

tion declaring the need for an authority to v. Gallman, 195 S. C. 157, 10 S. E. (2d) 316 

function in the city, it clearly appeared (1940). 

§ 36-113. Resolution conclusive as to establishment; evidence thereof. 

In any suit, action or proceeding involving the validity or enforcement of 
or relating to any contract of the authority, the authority shall be conclusively 
deemed to have become established and authorized to transact business and 
exercise its powers hereunder upon proof of the adoption of a resolution by the 
council declaring the need for the authority. A certificate stating that such a 
resolution has been adopted shall be admissible in evidence in any suit, action 
or proceeding. 

1942 Code § 5271-34; 1934 (38) 1368; 1937 (40) 431; 1938 (40) 1909. 

§36-114. Commissioners. 

When the council of a city adopts a resolution as aforesaid, it shall promptly 
notify the mayor of such adoption. Upon receiving such notice the mayor 
shall appoint five persons as commissioners of the authority created for the 

242 [4SCCode] 



§36-115 Housing and Redevelopment §36-117 

municipality. The commissioners who are first appointed shall be designated 
to serve for terms of one, two, three, four and five years, respectively, from the 
date of their appointment, but thereafter commissioners shall be appointed as 
aforesaid for a term of office of five years except that all vacancies shall be 
filled for the unexpired term. No commissioner of an authority may be an 
officer or employee of the city for which the authority is created. A commis- 
sioner shall hold office until his successor has been appointed and has qualified. 
A certificate of the appointment or re-appointment of an}' commissioner shall 
be filed in the office of the clerk of the circuit court of the county in which 
the city is located, in the office of the Secretary of State and in the office of 
the Board and such certificate shall be conclusive evidence of the due and 
proper appointment of such commissioner. 

1942 Code § 5271-34; 1934 (38) 1368; 1937 (40) 431; 1938 (40) 1909. 

Certificate of appointment of commission- a certificate was filed as herein provided, 
er is conclusive evidence of the due and the complaint affirmatively shows the prop- 
proper appointment of the commissioner. er appointment of the member. Wood- 
So it follows that where a complaint in a worth v. Gallman, 195 S. C. 157, 10 S. E. 
suit to enjoin the authority from perform- (2d) 316 (1940). 
ing its contractual obligations alleges that 

§ 36-115. Same; special provisions for Charleston. 

In the city of Charleston the authority shall consist of seven commissioners. 
One of the commissioners shall be a woman and another shall be chosen to 
represent labor on the authority. 

1942 Code § 5271 34: 1934 (38) 1368: 1937 (40) 431; 1938 (40) 1909. 

§ 36-116. Compensation of commissioners. 

No commissioner shall receive any compensation, whether in the form of 
salary, per diem allowances or otherwise, for or in connection with his serv- 
ices as such commissioner. Each commissioner shall, however, be entitled 
to reimbursement, to the extent of appropriations or other funds available 
therefor, for any necessary expenditures in connection with the performance 
of his general duties or in connection with the construction or operation of 
any project. The authority may allocate such expenses among its projects 
in such manner as it may consider proper. 

1942 Code § 5271-38: 1934 (33) 1368. 

§ 36-117. Personal interest of commissioners or employees. 

No commissioner or employee of an authority shall acquire any interest, 
direct or indirect, in any project or in any property included or planned to be 
included in any project, nor shall he have any interest, direct or indirect, in 
any contract or proposed contract for materials or services to be furnished 
or used in connection with any project. If any member or employee of any 
authority owns or controls an interest, direct or indirect, in any property 
included in any project, which was acquired prior to his appointment or em- 
ployment, he shall disclose such interest in writing to the authority and such 
disclosure shall be entered upon the minutes of the authority. 

1942 Code § 5271-35; 1934 (38) 1368. 

243 



§36-118 Code of Laws of South Carolina §36-121 

§ 36-118. Removal of commissioners. 

For inefficiency, neglect of duty or misconduct in office a commissioner of 
an authority may be removed by the mayor, hut a commissioner shall he 
removed only after he shall have been given a copy of the charges at least 
ten days prior to the hearing thereon and had an opportunity to be heard in 
person or by counsel. In the event of the removal of any commissioner a 
record of the proceedings, together with the charges and findings thereon, 
shall be filed in the office of the clerk of the circuit court of the county in which 
the city is located, in the office of the Secretary of State and in the office of the 
Board. 

1942 Code § 5271-34; 1934 (38) 1368; 1937 (40) 431; 1938 (40) 1909. 

§36-119. Organization. 

As soon as possible after the creation of an authority the commissioners 
shall organize for the transaction of business by choosing from among their 
number a chairman and a vice-chairman and by adopting bylaws and rules 
and regulations suitable to the purposes of this chapter. Three commis- 
sioners shall constitute a quorum for the purpose of organizing the authority 
and conducting the business thereof. The commissioners shall, from time 
to time, select and appoint such 'officers and employees, including engineering, 
architectural and legal assistants ; as they may require for the performance 
of their duties and shall prescribe the duties and compensation of each officer 
and employee. 

1942 Code § 5271-36; 1934 (38) 1368. 

§ 36-120. Territorial jurisdiction. 

The territorial jurisdiction of each authority, except as otherwise specially 
provided, shall be coterminus with the boundaries of the city creating the 
authority unless this territory is extended by the Board. The Board may 
extend the territorial jurisdiction of any housing authority over territory con- 
■ tiguous to that of the housing authority if such extension does not conflict 
with any other housing authority. 
1942 Code § 5271-37; 1934 (38) 1368. 

§ 36-121. Extraterritorial powers. 

In addition to its other powers, a housing authority created for a city may 
exercise any or all of its powers within the territorial boundaries of any other 
municipality not included in the territorial jurisdiction of such housing au- 
thority for the purpose of planning, undertaking, financing, constructing and 
operating a housing project within such municipality, if a resolution shall 
have been adopted (a) by the council of such municipality in which the au- 
thority is to exercise its powers and (b) by the housing authority of such 
municipality, if one has been theretofore established by such municipality, 
declaring that there is a need for the housing authority of the aforesaid city 
to exercise its powers within such municipality. 

1942 (42) 1742. 

244 



§ 36-122 Housing and Redevelopment § 36-125 

§ 36-122. Public hearing and findings prerequisite to exercise of such powers. 

No council of any such other municipality shall adopt a resolution as pro- 
vided in § 36-121 declaring that there is a need for a housing authority other 
than a housing authority established by such municipality to exercise its 
powers within such municipality unless a public hearing has first been held 
by the council of such municipality and the council shall have found in sub- 
stantially the following terms: (a) that insanitary or unsafe inhabited dwell- 
ing accommodations exist in such municipality or that there is a shortage of 
safe or sanitary dwelling accommodations in such municipality available to 
persons of low income at rentals they can afford and (b) that these conditions 
can be best remedied through the exercise of the powers of the housing au- 
thority of the city mentioned in § 36-121 within the territorial boundaries of 
such municipality. But such findings shall not have the effect of establish- 
ing a housing authority for any such municipality under this chapter nor of 
thereafter preventing such municipality from establishing a housing author- 
ity or joining in the creation of a consolidated housing authority or the in- 
crease of the area of operation of a consolidated housing authority. The clerk 
of the municipality shall give notice of the time, place and purpose of the 
public hearing at least ten days prior to the date on which the hearing is to be 
held, in a newspaper published in such municipality or, if there is no newspaper 
published in such municipality, then in a newspaper published in the State 
and having a general circulation in such municipality. Upon the date fixed 
for such public hearing an opportunity to be heard shall be granted to all 
residents of such municipality and to all other interested persons. 

1942 (42) 1742. 

§ 36-123. Not effective while local authority has debt outstanding. 

During the time that a housing authority of a municipality has outstand- 
ing or is under contract to issue any evidences of indebtedness for a project 
within its municipality, no other housing authority may undertake a project 
within such municipality without the consent of such housing authority which 
has such outstanding indebtedness or obligation. 

1942 (42) 1742. 

§ 36-124. Powers of authority vested in commissioners. 

The powers of each authority shall be vested in the commissioners thereof 
in office from time to time. 

1942 Code § 5271-34; 1934 (38) 1368; 1937 (40) 431; 1938 (40) 1909. 

§35-125. General corporate powers. • 

Each authority created under this chapter shall be a body corporate and 
politic, exercising public power perpetual in duration, capable of suing and 
being sued in its corporate name, having a seal and having all powers neces- 
sary to carry out and effectuate the purposes and provisions of this chapter 
including full power and authority to enter into such agreements and contracts 
as it may deem advisable, to acquire, purchase, sell, own, hold, lease and 

245 



§ 36-126 Code of Laws of South Carolina § 36-125 

operate real and personal property, to accept any grant, loan or credit of money 
under such conditions as it deems desirable, to borrow money upon its bonds 
and to secure the repayment thereof by mortgage, pledge or lien upon the 
property held by it and 'or the revenues or income therefrom or otherwise. 
1942 Code § 5271-39; 1934 (38) 1368. 

§ 36-126. Specific powers with respect to projects, planning, etc. 

Each authority shall have the following powers in addition to others herein 
granted: 

(1) To investigate into living and housing conditions within its territorial 
limits and enter upon any building or property in order to conduct investiga- 
tions or make surveys; to determine where unsanitary or substandard con- 
ditions exist within such limits; to study and make recommendations con- 
cerning the city plan in relation to the problem of clearing, replanning and 
reconstruction of areas and the providing of housing accommodations to per- 
sons of low income; to cooperate with any city or regional planning agency; 
to arrange with the city or with a government for the furnishing, planning, 
replanning, opening, grading or closing of streets, roads, alleys or other places 
or facilities or for the acquisition by the city or by a government of property, 
options or property rights, or for the furnishing of property or services in 
connection with the project; or to assume the duties of planning or zoning 
commissions, if such duties are delegated to it by the governing body of the 
city; 

(2) To acquire title to real property or personal property or any interest 
therein from any person by gift, grant, bequest, or devise ; to purchase, lease, 
acquire by eminent domain, grant or otherwise, sell, exchange, transfer, assign, 
mortgage, encumber and otherwise dispose of any real property or personal 
property; to lease or rent any of the housing or other accommodations or any 
of the lands, buildings, structures or facilities embraced in any project and to 
establish and revise the rents or charges therefor; 

(3) To construct, reconstruct, alter, repair and operate projects upon any 
land which it may acquire and to demolish structures ; and in connection there- 
with to enter into any contracts which it deems advisable; 

(4) To authorize the use of parts of the property of any project for stores, 
offices, garages, work places and commercial and community facilities ap- 
purtenant and incidental to the housing accommodations; 

(5) To cause the consolidation of any two or more projects, the extension 
of any project or the consolidation of any approved project with a proposed 
project; 

(6) To purchase, acquire or lease from the Federal Government or any 
agent or agency thereof any interest of the Federal Government or any agent 
or agency thereof in any low-cost housing or slum clearance project within the 
territorial jurisdiction of the authority for the purpose of completing or oper- 
ating such project, to own and hold such interest so acquired, to make such 
commitments and enter into such agreements as the authority in its discretion 
sees fit and to act as agent for the Federal Government or any agent or agency 
thereof; 

246 



§ 36-127 Housing and Redevelopment § 26-123 

(7) To determine in what manner any surplus income of any project shall 
be employed and to purchase and retire its own bonds and invest any funds 
held in reserve or sinking funds or otherwise not required for immediate dis- 
bursement ; 

(8) To lend moneys to private individuals, firms, corporations or govern- 
ments, to be used for the purpose of making repairs, improvements and ad- 
ditions to the borrowers' properties, provided the borrowers agree that during 
the period of the loan the lending housing authority shall regulate the rentals, 
charges, profits and income from the property to be repaired, remodeled, built 
or constructed with the proceeds of the loan and to take bonds or other 
evidences of indebtedness and mortgages from such borrowers; 

(9) To assume the duties of planning or zoning commissions if such duties 
are delegated to them by any government ; and 

(10) To have all other powers necessary, proper, incidental or useful to 
carrying out any of the purposes or intendments of this chapter. 

1942 Code § 5271-39; 1934 (38) 1368. 

The powers granted the authority in acquire by purchase, lease, eminent domain, 

subsec. (10) include the power to select or otherwise. Woodworth v. Gallman, 195 

the sites which, by subsec. (2) of this sec- S. C. 157, 10 S. E. (2d) 316 (1940). 
tion, the authority is given the power to 

§ 36-127. Acquisitions may be by purchase or eminent domain. 

Whenever it shall be deemed necessary by an authority in connection with 
the exercise of its powers herein conferred to take or acquire any lands, struc 
tures or buildings or other rights, either in fee or as easements for any hous- 
ing or slum clearance project, the authority may purchase them directly or 
through its agents from the owner thereof or it may in any case acquire them 
through the exercise of the power of eminent domain in the manner provided 
herein. 

1942 Code § 5271-43; 1934 (38) 1368; 1939 (41) 441. 

The Columbia housing authority may ex- it does not constitute a taking of property 

ercise the power of eminent domain if that for private purposes within the prohibition 

power be necessary in acquiring property of S. C. Const. Art. 1, § 17. McNulty v. 

for slum clearance or low-cost housing, and Owens, 188 S. C. 377, 199 S. E. 425 (1938). 
because of the public purpose of this project 

§ 36-128. Condemnation proceedings. 

Whenever any authority desires to exercise the power of eminent domain 
it shall pass a resolution declaring its intention to appropriate the desired 
property. It shall then apply to a circuit judge having jurisdiction, either 
in open court or at chambers, for an order designating a board of three mem- 
bers to serve as a board of condemnation. Notice of the passage of the con- 
demnation resolution, together with notice of a hearing before this condemna- 
tion board, shall be served upon the owner and every party having an interest 
of record in the property, in the same manner in which service of summons 
is authorized by law, at least ten days before the date set for the proposed 
hearing before the condemnation board. At such hearing the authority and 

247 



§36-129 Com of Laws of South Carolina §36-130 

the parties having an interest in the premises shall be allowed to present such 
testimony as to the value of the property as they may desire. 

The board of condemnation, after the hearing, shall forthwith file its findings 
as to the true value of the property, shall set out the interest which is to be 
acquired by the authority and the price to be paid therefor, shall file their 
report with the clerk of the circuit court and shall have a copy of the findings 
served upon the authority and upon all persons having an interest of record 
in the premises who have appeared in the proceedings. The members of the 
board of condemnation shall be compensated by the authority at the rale of ten 
dollars per day for hearings under the provisions of this section. 

1942 Code § 5271-43; 1934 (38) 1368; 1939 (41) 441. 

§ 36-129. Appeal to court. 

Either the authority or any party having an interest in the premises may 
appeal to the court of common pleas for the county in which the property 
is located from the award made by the condemnation board. Notice of any 
such appeal shall be served upon the other parties to the condemnation pro- 
ceeding within ten days from the date of the notice of the filing of the award 
by the condemnation board. 

In case the authority or any party having an interest in the property shall 
ask for a jury trial in the court of common pleas by giving written notice 
to the other parties within twenty days from the date of notice of filing of the 
award by the condemnation board, the trial shall be had before the presiding 
judge of the court of common pleas and a jury as a trial de novo. If no such 
written notice or request is filed by any party within the time specified the 
appeal shall be heard upon the record taken by the board of condemnation by 
a judge of the circuit court. 

1942 Code § 5271-43; 1934 (38) 1368; 1939 (41) 441. 

§ 36-130. Deposit and possession pending appeal. 

In case of an appeal by any party the authority may deposit the amount 
of the award plus one year's interest calculated at the legal rate with the 
clerk of the court of common pleas and upon such deposit proceed to take 
possession of the property being condemned, the rights of the various parties 
having an interest of record in the property attaching to the money in the 
hands of the clerk of the court of common pleas in accordance with their 
interests, liens and priorities in the property. The title to the property ap- 
propriated shall at the time of the deposit pass to the authority and the au- 
thority shall have the right to enter immediately upon the property, appropri- 
ate and demolish any structures thereon and proceed with the construction 
of the project proposed by the authority. 

In the event that an amount in excess of the deposit is awarded to the par- 
ties interested in the property the housing authority shall pay the additional 
amount to the parties entitled thereto or to the clerk of the court within twenty 
days from the date of the termination of the appeal. 

In case there is an appeal from the circuit court to the Supreme Court this 

248 



§ 36-131 Housing and Redevelopment § 36-133 

amount shall be deposited with the clerk of the circuit court to await the out- 
come of any appeal to the Supreme Court, at the termination of which it shall 
be paid over in the manner provided herein. 

1942 Code § 5271-43; 1934 (38) 1363; 1939 (41) 441. 

§ 36-131. Removal and sale of personal property on lands condemned in 
Charleston. 

When the housing authority of the city of Charleston acquires by eminent 
domain land on which there are certain articles, materials, furniture and other 
chattels, including all metals, which are not the part of any building' or dwell- 
ing, the owner of the land acquired by the housing authority must remove such 
articles, materials, furniture and other chattels, including all metals, within 
thirty days from the date of the filing with the clerk of court of the court 
order vesting title to such land in the housing authority. If the owner fails 
to remove such articles or materials within the above specified time, the hous- 
ing authority may remove all such articles, materials, furniture and other 
chattels at the expense of the owner thereof and may sell them at public or 
private sale, in the discretion of the housing authority. If such articles, 
materials, furniture or other chattels are so sold the proceeds of such sale, 
after the payment of all expenses of sale and removal, shall be deposited with 
the clerk of court of Charleston County for the benefit of the person entitled 
thereto. 

1942 Code § 5271-104; 1939 (41) 436. 

§ 36-132. Studies and investigations ; dissemination of information. 

In addition to all its other powers a housing authority may. within its area 
of operation, undertake and carry out studies and analyses of the housing 
needs and of the meeting of such needs, including data with respect to popula- 
tion and family groups and the distribution thereof according to income 
groups, the amount and quality of available housing and its distribution ac- 
cording to rentals and sales prices, employment, wages and other factors 
affecting the local housing needs and the meeting thereof, and may make 
the results of such studies and analyses available to the public and the build- 
ing, housing and supply industries. It may also engage in research and dis- 
seminate information on the subject of housing. 

1946 (44) 1425. 

§ 36-133. Power of examination; subpoenaing witnesses, etc. 

Each authority created under this chapter may conduct examinations, sub- 
poena witnesses and require the attendance of witnesses and the production 
of books and records and may issue commissions for the examination of wit- 
nesses who are out of the jurisdiction, unable to attend before the authority 
or excused from attendance. An authority may delegate the powers conferred 
on it by this section to a committee appointed by it, consisting of one or more 
members of the authority, or to its counsel or any officer or employee specifical- 
ly authorized by it. Any member of the authority, its counsel or any person 

249 



§ 36-134 Code of Laws of South Carolina § 36-135 

designated by it to conduct an investigation or examination may administer 
oaths, take affidavits and issue subpoenas or commissions. 
1942 Code § 5271-39; 1934 (38) 1368. 

§ 36-134. Authorities not to operate for profit ; fixing rentals. 

It is hereby declared to be the policy of this State that each housing au- 
thority shall manage and operate its housing projects in an efficient manner 
so as to enable it to fix the rentals for dwelling accommodations at the lowest 
possible rates consistent with providing decent, safe and sanitary dwelling 
accommodations and that no housing authority shall construct or operate 
any such project for profit or as a source of revenue to the city. To this end 
an authority shall fix the rentals for dwellings in its projects at no higher rate 
than it shall find to be necessary in order to produce revenues which, together 
with all other available moneys, revenues, income and receipts of the authority 
from whatever sources derived, will be sufficient (a) to pay, as they become 
due, the principal and interest on the bonds of the authority, (b) to meet the 
cost of, and to provide for, maintaining and operating the projects, including 
the cost of any insurance, and the administrative expenses of the authority 
and (c) to create, during not less than the six years immediately succeeding 
its issuance of any bonds, a reserve sufficient to meet the largest principal 
and interest payments which will be due on such bonds in any one year there- 
after and to maintain such reserve. 

1942 Code § 5271-41: 1937 (40) 431. 

§ 36-135. Rental and tenant selections. 

In the operation or management of housing projects an authority shall at 
all times observe the following duties with respect to rentals and tenant 
selection : 

(1) It may rent or lease the dwelling accommodations therein only to per- 
sons of low income and at rentals within the financial reach of such persons 
of low income; 

(2) It may rent or lease to a tenant dwelling accommodations consisting of 
the number of rooms, but no greater number, which it deems necessary to 
provide safe and sanitary accommodations to the proposed occupants thereof, 
without overcrowding; and 

(3) It shall not accept any person as a tenant in any housing project if the 
person or persons who would occupy the dwelling accommodations have at 
the time of admission an aggregate annual net income, less an exemption of 
one hundred dollars for each minor member of the family other than the head 
of the family and his spouse, in excess of five times the annual rental of the 
quarters to be furnished such person or persons. In computing the rental for 
this purpose of selecting tenants there shall be included in the rental the 
average annual cost (as determined by the authority) to occupants of heat, 
water, electricity, gas, cooking range and other necessary services or facilities, 
whether or not the charge for such services and facilities is in fact included 
in the rental. 

1942 Code §5271-42; 1937 (40; 431; 1938 (40) 1819; 1951 (47) 529. 

250 



§ 36-136 Housing and Redevelopment § 36-139 

§ 36-136. Foreclosure frees projects from restrictions. 

Nothing contained in this chapter shall be construed as limiting the power 
of an authority to vest in an obligee the right, in the event of a default by 
the authority, to take possession of a housing project or cause the appointment 
of a receiver thereof, free from all the restrictions imposed by this chapter. 

1942 Code § 5271-42; 1937 (40) 431; 193S (40) 1819; 1951 (47) 529. 

§ 36-137. Protection of deposits. 

In order to protect funds deposited by an authority, all banks, bankers, trust 
companies or other persons carrying on a banking business, organized under 
the laws of the State, may give to the authority an undertaking with such 
sureties as shall be approved by the authority faithfully to keep and pay over 
upon the order of the authority any such deposits and agreed interest thereon 
or, in lieu of such sureties, to deposit with the authority as collateral such 
securities and in such amounts as may be agreed upon with the authority pur- 
suant to a collateral deposit agreement in form and terms satisfactory to the 
authority. The collateral to be deposited shall consist of securities in which 
savings banks may legally invest funds within their control. 

1942 Code § 5271-53; 1934 (38) 1368. 

§ 36-138. Tax exemption and payments in lieu of taxes. 

The property of an authority is declared to be public property used for essen- 
tial public and governmental purposes and such property of an authority shall 
be exempt from all taxes and special assessments of the city, the county, the 
State or any political subdivision thereof. In lieu of such taxes or special as- 
sessments, an authority may agree to make payments to the city or the county 
or any such political subdivision for improvements, services and facilities 
furnished by such city, county or political subdivision for the benefit of a 
housing project, but in no event shall such payments exceed the estimated cost 
to such city, county or political subdivision of the improvements, services or 
facilities to be so furnished. 

1942 Code § 5271-50; 1937 (40) 431. 

Constitutional. — The provisions of this tract between the city of Columbia and the 

section providing for the exemption of au- Columbia housing authority for the pay- 

thority's property from taxation constitute ment of $500.00 in lieu of taxes and special 

a confirmation by the legislature of the ex- assessment, which contract is authorized 

emption of such property by the constitu- by this statute, is a benefit to the taxpayers 

tion, and further provides for the exemp- of the city of Columbia rather than a det- 

tion of this property from special assess- riment and they cannot complain thereof. 

ment. It thus appears that authority's McNulty v. Owens, 188 S. C. 377, 199 S. 

property is exempted from taxation and E. 425 (1938). 
special assessment: and, therefore, a con- 

§ 36-139. Projects subject to zoning and other laws. 

All projects of an authority shall be subject to the planning, zoning, san- 
itary and building laws, ordinances and regulations applicable to the locality 
in which the project is situated. 

1942 Code § 5271-44; 1934 (3S) 136S. 

251 



§ 36-140 Code of Laws of South Carolina § 36-152 

§36-140. Provisions affecting other public bodies not applicable. 

No provisions with respect to the acquisition, operation or disposition of 
property by public bodies other than those contained in this chapter shall be 
applicable to an authority. 

1942 Code § 5271-44; 1934 (38) 1368. 

§36-141. Books and records. 

An authority shall keep its books and records in such forms as may be 
prescribed by, or as shall be satisfactory to, the mayor and such books and 
records shall be open for inspection at any hour during any business day by 
any representative of the mayor or council. The accounts of the authority 
shall be kept in such manner that they shall show at all times the income from 
and all sums chargeable against each project. The authority shall on or before 
January 31st in each year after the year of its creation make a report to the 
mayor and the council, in such form and setting forth such information with 
respect to its financial condition and its activities during the preceding calendar 
year and during the entire period from its creation as the mayor or the council 
shall require. Each authority shall make such further reports as may from 
time to time be required by the mayor or the council. 

1942 Code § 5271-51; 1934 (38) 1368. 

Article 3. 
Loans, Grants, Bond Issues, etc. 

§ 36-151. Loans or grants from Federal agencies. 

Each authority created under this chapter may apply for, receive and ex- 
pend without limitation as to amount and under such regulations and con- 
ditions as it may deem desirable or may be prescribed by the United States 
or any agent or agency thereof any moneys lent, granted or otherwise made 
available by any corporation or agency of the United States created or au- 
thorized under the laws of the United States. 

1942 Code § 5271-39; 1934 (38) 1368. 

§ 36-152. Provisions in contracts with United States. 

In any contract or amendatory or superseding contract for a loan and an- 
nual contributions entered into between a housing authority and the Federal 
Government, or any agency thereof, with respect to any housing project under- 
taken by such housing authority, any such housing authority may make such 
covenants, including covenants with holders of obligations of the authority 
issued for purposes of the projects involved, with and confer upon the Fed- 
eral Government, or any agency thereof, such rights and remedies as the 
housing authority deems necessary to assure the fulfillment of the purposes 
for which the project was undertaken. In any contract with the Federal 
Government for annual contributions to an authority, the authority may ob- 
ligate itself to convey to the Federal Government possession of, or title to, the 
project to which such contract relates upon the occurrence of a substantial 
default, as defined in such contract, with respect to the covenants or condi- 

252 



§ 26-153 Housing and Redevelopment § 36-156 

tions to which the authority is subject and such obligation shall be specifically 
enforceable and shall not constitute a mortgage, any other provision of law to 
the contrary notwithstanding. Such contract may further provide that in 
case of such conveyance the Federal Government may complete, operate, 
manage, lease, convey or otherwise deal with the project in accordance with 
the terms of such contract. But any such contract shall require that, as soon 
as practicable after the Federal Government is satisfied that all defaults with 
respect to the project have been cured and that the project will thereafter be 
operated in accordance with the terms of the contract, the Federal Government 
shall reconvey to the authority the project as then constituted. 
1942 (42) 1742; 1951 (47) 529. 

§ 36-153. Agreement limiting powers. 

In connection with any loan or grant by a government, an authority may 
agree to limitations upon the exercise of any powers conferred upon the 
authority by this chapter. 

1942 Code § 5271-39; 1934 (38) 1368. 

§ 36-154. Minimum wages and maximum hours. 

A housing authority may, notwithstanding anything to the contrary con- 
tained in this chapter or in any other provision of law, agree to any conditions 
attached to Federal financial assistance relating to the determination of pre- 
vailing salaries or wages, payment of not less than prevailing salaries or wages 
or compliance with labor standards in the development or administration of 
projects, and include in any contract let in connection with a project a stipu- 
lation requiring that the contractor and any subcontractors comply with the 
requirements as to minimum salaries or wages and maximum hours of labor 
and any other conditions which the Federal Government may have attached 
to its financial aid of the project. 

1942 Code §5271-40; 1937 (40) 431; 1951 (47) 529. 

§ 36-155. Agreements for supervision, etc., by lender. 

An authority may, in connection with the borrowing of funds or otherwise, 
enter into any agreement with the State or Federal Government or any agency 
or subdivision thereof providing for supervision and control of the authority of 
any project and containing such other covenants, terms and conditions as the 
authority may deem advisable. 

1942 Code § 5271-44; 1934 (3S) 1368. 

§ 36-156. Issue of bonds ; security therefor. 

An authority may issue bonds from time to time in its discretion for ai>y 
of its corporate purposes. An authority may also issue refunding bonds for 
the purpose of paying or retiring bonds previously issued by it. An authority 
may issue such types of bonds as it may determine, including bonds on which 
the principal and interest are payable (a) exclusively from the income and 
revenues of the housing project financed with the proceeds of such bonds 
or with such proceeds together with a grant from the Federal Government 

255 



§36-157 Code of Laws of South Carolina §36-158 

in aid of such project (b) exclusively from the income and revenues of certain 
designated housing projects whether or not they were financed in whole or 
in part with the proceeds of such bonds or (c) from its revenues generally. 
Any of such bonds may be additionally secured by a pledge of any revenue 
or a mortgage of any housing project, projects or other property of the 
authority. 

1942 Code § 5271-45; 1937 (40) 431. 

§ 36-157. Terms of bonds; negotiability. 

Bonds of an authority shall be authorized by its resolution and may be 
issued in one or more series and shall bear such date or dates, mature at such 
time or times, bear interest at such rate or rates, not exceeding six per cent 
per annum, be in such denomination or denominations, be in such form, either 
coupon or registered, carry such conversion or registration privileges, have 
such rank or priority, be executed in such manner, be payable in such medium 
of payment, at such place or places, and be subject to such terms of redemption 
(with or without premium) as such resolution and the trust indenture or 
mortgage may provide. Any provision of any law to the contrary notwith- 
standing, any bonds issued pursuant to this chapter shall be fully negotiable. 

1942 Code § 5271-46; 1937 (40) 431; 1938 (40) 1819. 

§ 36-158. Provisions of bonds, trust indentures and mortgages or in connection 
therewith. 
In connection with the issuance of bonds or the incurring of obligations un- 
der leases and in order to secure the payment of such bonds or obligations, an 
authority, in addition to its other powers, may : 

(1) Pledge all or any part of its gross or net rents, fees or revenues to which 
its right then exists or may thereafter come into existence ; 

(2) Mortgage all or any part of its real or personal property then owned 
or thereafter acquired ; 

(3) Covenant against pledging all or any part of its rents, fees and revenues 
or against mortgaging all or any part of its real or personal property to which 
its right or title then exists or may thereafter come into existence or against 
permitting or suffering any lien on such revenues or property ; 

(4) Covenant with respect to limitations on its right to sell, lease or other- 
wise dispose of any housing project or any part thereof; 

(5) Covenant as to what other or additional debts or obligations may be 
incurred by it ; 

(6) Covenant as to the bonds to be issued and as to the issuance of such 
bonds in escrow or otherwise and as to the use and disposition of the proceeds 
thereof; 

(7) Provide for the replacement of lost, destroyed or mutilated bonds; 

(8) Covenant against extending the time for the payment of its bonds or 
interest thereon ; 

(9) Redeem the bonds and covenant for their redemption and provide the 
terms and conditions thereof; 

254 



§ 36-159 Housing and Redevelopment § 26-159 

(10) Covenant, subject to the limitations contained in this chapter, as to 
the rents and fees to be charged in the operation of a housing project and the 
amount to be raised each year or other period of time by rents, fees and other 
revenues and as to the use and disposition to be made thereof; 

(11) Create or authorize the creation of special funds for moneys held for 
construction or operating costs, debt service, reserves or other purposes and 
covenant as to the use and disposition of the moneys held in such funds; 

(12) Prescribe the procedure, if any, by which the terms of any contract 
with bondholders may be amended or abrogated, the amount of bonds the 
holders of which must consent thereto and the manner in which such consent 
may be given ; 

(13) Covenant as to the use and maintenance of any or all of its real or 
personal property the replacement thereof, the insurance to be carried thereon 
and the use and disposition of insurance moneys ; 

(14) Covenant as to the rights, liabilities, powers and duties arising upon 
the breach by it of any covenant, condition or obligation and covenant and 
prescribe as to events of default and terms and conditions upon which any or 
all of its bonds or obligations shall become or may be declared due before 
maturity and as to the terms and conditions upon which such declaration 
and its consequences may be waived ; 

(15) Vest in a trustee or trustees or the holders of bonds or any proportion 
of them the right to enforce the payment of the bonds or any covenants 
securing or relating to the bonds and vest in a trustee or trustees the right, 
in the event of a default by the authority, to take possession and use, operate 
and manage any housing project or part thereof and to collect the rents 
and revenues arising therefrom and to dispose of such moneys in accordance 
with the agreement of the authority with the trustee ; 

(16) Provide for the powers and duties of a trustee or trustees and limit the 
liabilities thereof and provide the terms and conditions upon which the 
trustee or trustees or the holders of bonds or any proportion of them may 
enforce any covenant or rights securing or relating to the bonds ; and 

(17) Exercise all or any part or combination of the powers herein granted, 
make covenants other than and in addition to the covenants herein expressly 
authorized, of like or different character and make such covenants and do any 
and all such acts and things as may be necessary or convenient or desirable 
in order to secure its bonds or, in the absolute discretion of the authority, 
as will tend to make the bonds more marketable notwithstanding that such 
covenants, acts or things may not be enumerated herein. 

1942 Code § 5271-47; 1937 (40) 431. 

§36-159. Covenant as to territory. 

In connection with the issuance of bonds or the incurring of other obliga- 
tions, a regional housing authority may covenant as to limitations on its right 
to adopt resolutions relating to the increase or decrease of its area of operation. 

1942 (42) 1742. 

255 



§36-160 Code of Laws of South Carolina §36-164 

§ 36-160. Effect of recital in bond of purpose of issue. 

In any suit, action or proceeding involving the validity or enforceability 
of any bonds of an authority or the security therefor, any such bond reciting 
in substance that it has been issued by the authority to aid in financing a 
housing project to provide dwelling accommodations for persons of low income 
shall be conclusively deemed to have been issued for a housing project of such 
character and such project shall be conclusively deemed to have been planned, 
located and constructed in accordance with the purposes and provisions of 
this chapter. 

1942 Code § 5271-46; 1937 (40) 431; 19J8 (40) 1819. 

§36-161. Obligations tax exempt. 

Bonds, notes, debentures and other evidences of indebtedness of an authority 
are declared to be issued for a public purpose and to be public instrumentalities 
and, together with interest thereon, shall be exempt from taxes. 

1942 Code § 5271-52; 1934 (38) 1368. 

§36-162. Sale of bonds. 

The bonds of an authority may be sold at public or private sale at not less 
than par. 

1942 Code § 5271-46; 1937 (40) 431; 1938 (40) 1819. 

§ 36-163. Obligations authorized as investments. 

Notwithstanding any restrictions on investments contained in any laws of 
this State, the State and all public officers, municipal corporations, political 
subdivisions and public bodies, all banks, bankers, trust companies, savings 
banks and institutions, building and loan associations, savings and loan asso- 
ciations, investment companies and other persons carrying on a banking 
business, all insurance companies, insurance associations and other persons 
carrying on an insurance business and all executors, administrators, guard- 
ians, trustees and other fiduciaries may legally invest any sinking funds, 
moneys or other funds belonging to them or within their control in any bonds 
or other obligations issued by a housing authority pursuant to this chapter or 
issued by any public housing authority or agency in the United States when 
such bonds or other obligations are secured by a pledge of annual contributions 
to be paid by the United States government or any agency thereof. Such 
bonds and other obligations shall be authorized security for all public deposits. 

But nothing contained in this section shall be construed as relieving any 
person from any duty of exercising reasonable care in selecting securities. 

1942 Code § 5271-91; 1939 (41) 329. 

§ 36-164. Officers ceasing to be such before delivery of bonds. 

Tn case any of the commissioners or officers of the authority whose signa- 
tures appear on any bonds or coupons shall cease to be such commissioners 
or officers before the deliver)' of such bonds such signatures shall, neverthe- 

256 



§ 36-165 Housing and Redevelopment § 36-167 

less, be valid and sufficient for all purposes, the same as if such commissioners 
or officers had remained in office until such delivery. 
1942 Code § 5271-46; 1937 (40) 431; 193S (40) 1819. 

§ 36-165. Liability on bonds ; bonds not "indebtedness." 

Neither the commissioners of an authority nor any person executing the 
bonds shall be liable personally on the bonds by reason of the issuance thereof. 
The bonds and other obligations of an authority (and the bonds and obliga- 
tions shall so state on their face) shall not be a debt of the city, the county, 
the State or any political division or subdivision thereof and neither the city, 
the county, nor the State or any political division or subdivision thereof shall 
be liable thereon, nor in any event shall such bonds or obligations be payable 
out of anj- funds or properties other than those of the authority. The bonds 
shall not constitute an indebtedness within the meaning of any constitutional 
or statutory debt limitation or restriction. 

1942 Code § 5271-45; 1937 (40) 431. 

Section does not violate Constitution. — visions of this section, such bonds are not 

Bonds to be issued by the Columbia hous- to be computed in arriving at the limitations 

ing authority will not constitute an increase of the bonded indebtedness of the city, 

of the bonded indebtedness of the city of McNulty v. Owens, 188 S. C. 377, 199 S. E. 

Columbia in violation of S. C. Const., Art. 425 (1938). 
8, § 7, Art. 10, § 5, for, in view of the pro- 

§ 36-166. Remedies of obligee of housing authority. 

An obligee of an authority shill have the right in addition to all other rights 
which may be conferred on such obligee, subject only to any contractual re- 
strictions binding upon such obligee : 

(1) By mandamus, suit, action or proceeding at law or in equity to compel 
the authority and the commissioners, officers, agents or employees thereof to 
perform each and every term, provision and covenant contained in any contract 
of the authority with or for the benefit of such obligee and to require the 
carrying out of any or all such covenants and agreements of the authority 
and the fulfillment of all duties imposed upon the authority by this chapter; 
and 

(2) By suit, action or proceeding in equity to enjoin any acts or things 
which may be unlawful or the violation of any of the rights of such obligee. 

1942 Code § 5271-48; 1937 (40) 431. 

§ 36-167. Additional remedies conferrable on obligee. 

An authority may by its resolution, trust indenture, mortgage, lease or 
other contract confer upon any obligee holding or representing a specified 
amount in bonds or holding a lease the right (in addition to all rights that 
may otherwise be conferred), upon the happening of an event of default as 
defined in such resolution or instrument, by suit, action or proceeding in any 
court of competent jurisdiction : 

(1) To cause possession of any housing project or any part thereof to be 
surrendered to any such obligee. 

(2) To obtain the appointment of a receiver of any housing project of the 
[4SCCode] — 17 257 



§ 36-168 Code of Laws of South Carolina § 36-182 

authority or any part thereof and of the rents and profits therefrom who may 
enter and take possession of such housing project or any part thereof and 
operate and maintain it and collect and receive all fees, rents, revenues or 
other charges thereafter arising therefrom and shall keep such moneys in a 
separate account or accounts and apply them in accordance with the obliga- 
tions of the authority as the court shall direct ; and 

(3) To require the authority and the commissioners thereof to account as 
if it and they were the trustees of an express trust. 

1942 Code § 5271-49; 1937 (40) 431. 

§ 36-168. Debt insurance. 

A housing authority may, notwithstanding anything to the contrary con- 
tained in this chapter or in any other provision of law, procure or agree to 
the procurement of insurance or guarantees from the Federal Government 
of the payment of any debts or parts thereof incurred by the authority and 
may pay the premium on any such insurance. 

1942 Code § 5271-40; 1937 (40) 431. 

§ 36-169. Relationship with State Budget and Control Board. 

No authority shall be required to offer its securities to The State Budget 
and Control Board at any time nor shall any authority be required to turn 
over any surplus of sinking funds to said Board. 

1942 Code § 5271-44; 1934 (38) 1368; 1950 (46) 3605. 



Article 4. 
County Housing Authorities. 

§36-181. Counties may create. 

In each county of the State there may be created in the manner herein pro- 
vided a public body corporate and politic to be known as the housing authority 
of the county. 

1942 Code § 5271-54; 1934 (38) 1368; 1935 (39) 500; 1937 (40) 267. 

Constitutionality. — This article does not legislative delegation. Benjamin v. Hous- 

violate S. C. Const., Art. 1, § 14 or Art. ing Authority, 198 S. C. 79, 15 S. E. (2d) 

3, § 1, as to separation of powers or unlaw- Til (1941). 
ful delegation of legislative powers to the 

§ 36-182. Resolution of delegation required for establishment. 

Such an authority may be created by the legislative delegation of such 
county adopting a resolution declaring that there is need for such a housing 
authority to function in such county. Such declaration shall be made by such 
legislative delegation for such county in the same manner and subject to the 
same conditions as the declaration of a city council required by § 36-112 for the 
purpose of establishing a housing authority of a city except that the petition 
referred to in § 36-112 shall be signed by twenty-five residents of such county. 

1942 Code § 5271-54; 1934 (38) 1368; 1935 (39) 500; 1937 (40) 267. 

25S [4SCCode] 



§ 36-183 Housing and Redevelopment § C6-186 

§ 36-183. Fowers, duties, etc., of county housing authorities. 

The housing authorities of the counties shall, within their territorial juris- 
diction as herein defined, have all of the functions, rights, powers, duties and 
liabilities provided in this chapter for housing authorities in cities, and the 
provisions of this chapter shall, within the territorial jurisdiction of such hous- 
ing authorities of the counties, apply to the housing authorities of the counties 
in the same manner and to the same extent as this chapter applies to the 
housing authorities created in cities. 

1942 Code § 5271-54: 1934 (38) 1368; 1935 (39) 500; 1937 (40) 267. 

§ 36-184. Delegation and Senator to perform functions of council and mayor. 

As to the housing authorities of the counties the legislative delegation of the 
county in which such authority is situated may perform the acts herein re- 
quired or permitted by this chapter to be performed by a council for the 
housing authority of a city and the Senator of such county may perform such 
acts as are required or permitted by this chapter to be performed by the mayor 
of such city. 

1942 Code § 5271-54; 1934 (38) 1368; 1935 (39) 500; 1937 (40) 267. 

§ 36-185. Territorial jurisdiction. 

The territorial jurisdiction of a housing authority of a county shall be co- 
terminous with the boundaries of the county in which such authority is 
situated but shall not include that portion of the county within the territorial 
jurisdiction of any housing authority of a city. But notwithstanding the pro- 
visions of this section the Board may extend the territorial jurisdiction of a 
housing authority of a city over territory contiguous thereto, including terri- 
tory included within the territorial jurisdiction of the housing authority of a 
county, and such extension of the territorial jurisdiction of a housing author- 
ity of a city and limitation of the territorial jurisdiction of the housing author- 
ity of the county affected thereby shall not be deemed to conflict with the 
housing authority of the county within the meaning of § 36-120 unless a hous- 
ing project shall have been constructed or acquired or the Board shall deter- 
mine that such a project is about to be constructed or acquired by the housing 
authority of such county within the territory proposed to be included within 
the territorial jurisdiction of the housing authority of the city. 

1942 Code § 5271-54; 1934 (38) 1368; 1935 (39) 500; 1937 (40) 267. 

§ 36-186. Same ; may include city. 

But the territorial jurisdiction of a housing authority of a county shall 
include the territorial jurisdiction of any housing authority of a city if a 
resolution is adopted by the council of the city (and also by the housing au- 
thority of the city if it shall have been theretofore established) declaring, as 
provided in § 36-121, that there is a need for the county housing authority to 
exercise its powers within such city. 

1942 (42) 1742. 

259 



§ 36-187 Code of Laws of South Carolina § 36-203 

§ 36-187. Creation of authority in excluded county. 

At any time after a county is excluded from the area of operation of a re- 
gional housing authority as provided in §§ 36-216 to 36-218 the legislative dele- 
gation of any such county may adopt a resolution declaring that there is a 
need for a housing authority in the county, if the legislative delegation shall 
find such need in the manner required by this chapter for a county housing 
authority to function. Thereupon a public body corporate and politic to be 
known as the housing authority of the county shall exist for such county and 
may transact business and exercise its powers. Nothing contained herein shall 
be construed as preventing such county from thereafter being included within 
the area of operation of a regional housing authority as provided in this 
chapter. 

1942 (42) 1742. 

Article 5. 
Regional Housing Authorities. 

§36-201. How created. 

If the legislative delegation of each of two or more contiguous counties by 
resolution declares that there is a need for one housing authority to be cre- 
ated for all of such counties to exercise in such counties the powers and other 
functions prescribed for a regional housing authority, a public body corporate 
and politic to be known as a regional housing authority shall thereupon exist 
for all of such counties and exercise its powers and other functions in such 
counties and thereupon each county housing authority created for each of 
such counties shall cease to exist except for the purpose of winding up its 
affairs and executing a deed to the regional housing authority as herein pro- 
vided. A regional housing authority may select any appropriate corporate 
name. 

1942 Code § 5271-55; 1940 (41) 1687; 1942 (42) 1742. 

§ 36-202. Consent required for creation. 

The legislative delegation of a county shall not adopt a resolution as afore- 
said if there is a county housing authority created for such county which has 
any obligations outstanding unless (a) all obligees of such count}- housing 
authority and parties to contracts, bonds, notes and other obligations of such 
county housing authority consent in writing to the substitution of such re- 
gional housing authority in lieu of such county housing authority on all such 
contracts, bonds, notes or other obligations and (b) the commissioners of 
such county housing authority adopt a resolution consenting to the transfer 
of all the rights, contracts, obligations and property, real and personal, of such 
county housing authority to such regional housing authority as herein pro- 
vided. 

1942 Code § 5271-55; 1940 (41) 1687; 1942 (42) 1742. 



§ 36-203. Findings prerequisite to creation. 

of t\ 
260 



The legislative delegation of each of two or more contiguous counties shall 



§ 36-204 Housing and Redevelopment § 36-205 

by resolution declare that there is a need for one regional housing authority 
to be created for all of such counties to exercise powers and other functions 
herein prescribed in such counties only if each such legislative delegation finds 
(a) that in the area of its county there are unsanitary or unsafe inhabited 
dwelling accommodations or there is a shortage of safe and sanitary dwelling 
accommodations available to persons of low income at rentals they can afford 
and (b) that a regional housing authority would be a more efficient or eco- 
nomical administrative unit than a housing authority of such county to carry 
out the purposes of the Housing Authorities Law in such county. In deter- 
mining whether dwelling accommodations are unsafe or unsanitary such 
legislative delegation may take into consideration the safety and sanitation 
of dwellings, the degree of overcrowding, the percentage of land coverage, the 
light, air space and access available to the inhabitants of such dwelling accom- 
modations, the size and arrangement of the rooms, the sanitary facilities and 
the extent to which conditions exist in such buildings which endanger life 
or property by fire or other cause. Each such resolution shall be sufficient if 
it declares that there is a need for the regional housing authority and finds 
in substantially the foregoing terms (no further detail being necessary) that 
the conditions enumerated in (a) and (b) exist. 
1942 Code § 5271-55; 1940 (41) 1687. 

§ 36-204. Resolutions conclusive as to establishment; evidence thereof. 

In any suit, action or proceeding involving the validity or enforcement of 
or relating to any contract of the regional housing authority, such authority 
shall be conclusively deemed to have become created as a public body cor- 
porate and politic and established and authorized to transact business and 
exercise its powers hereunder upon proof of the adoption of a resolution de- 
claring the need for such authority by the legislative delegation of each of 
the counties within such authority. 

A certificate stating that such resolution has been adopted shall be ad- 
missible in evidence in any suit, action or proceeding. 

1942 Code § 5271-55: 1940 (41) 1687. 

§ 36-205. Effect on property, obligations, etc., of county authorities. 

When the conditions prescribed in § 36-202 are complied with and such 
regional housing authority is created and authorized to exercise its powers 
and other functions, all rights, contracts, agreements, obligations and prop- 
erty of any existing county housing authority included in the regional hous- 
ing authority shall be in the name of and vest in such regional housing au- 
thority, all obligations of such county housing authority shall be the obliga- 
tions of such regional housing authority and all rights and remedies of any 
person against such county housing authority may be asserted, enforced and 
prosecuted against such regional housing authority to the same extent as 
they might have been asserted, enforced and prosecuted against such county 
housing authority. When any real property of a county housing authority 
vests in a regional housing authority as provided above, the county housing 

261 



§36-206 Conic of Laws ov South Carolina §36-208 

authority shall execute a deed to such property to the regional housing au- 
thority which thereupon shall file such deed in the office provided for the 
filing of dec Is but any failure so to do shall not affect the vesting of such 
property in the regional housing authority as provided above. 
1942 Code § 5271-55; 1940 (41) 1687: 1942 (42) 1742. 

§ 36-2C6. Commissioners of regional authorities. 

The Senator of each county included in a regional housing authority shall 
appoint one person as a commissioner of such authority and each such com- 
missioner to be first appointed by the Senator of a county may be appointed 
at or after the time of the adoption of the resolution declaring the need of 
such regional housing authority or declaring the need for the inclusion of such 
county in the area of operation of such regional housing authority. When 
the area of operation of a regional housing authority is increased to include 
an additional county or counties as herein provided, the Senator of each such 
county shall thereupon appoint one additional person as a commissioner of 
the regional housing authority. The Senator of each county shall appoint 
the successor of the commissioner appointed by him or by any Senator pre- 
ceding him in office. If any county is excluded from the area of operation of a 
regional housing authority, the office of the commissioner of such regional 
housing authority appointed by the Senator of such county shall be thereupon 
abolished. If the area of operation of a regional housing authority consists 
at any time of an even number of counties, the commissioners of the regional 
housing authority appointed by the Senators of such counties shall appoint 
one additional commissioner. The commissioners of such authority appointed 
by the Senators of such counties shall likewise appoint each person to succeed 
such additional commissioner, provided the term of office of such person 
begins during the terms of office of the commissioners appointing him. 

1942 Code § 5271-56; 1940 (41) 1687; 1942 (42) 1742. 

§ 36-207. Qualifications of commissioners. 

Commissioners of a regional housing authority shall, as far as practicable, 
be only bona fide farmers. No commissioner may be an officer or employee 
of a county. Nothing herein contained shall prevent the appointment of any 
person as a commissioner of the authority who resides within the territorial 
jurisdiction of the authority or within any additional area in which the au- 
thority is authorized to undertake a housing project and who is otherwise 
eligible for such appointment under this chapter and the State Constitution. 

1942 Code § 5271-56; 1940 (41) 1687; 1942 (42) 1742. 

§ 36-208. Term of office of commissioners. 

The commissioners of a regional housing authority appointed by the Sen- 
ators shall be appointed for terms of five years except that all vacancies shall 
be filled for the unexpired terms. The term of office of a commissioner ap- 
pointed by the other commissioners when the area of operation of the au- 
thority consists of an even number of counties shall be as herein provided for a 
commissioner appointed by a Senator except that such term shall end at any 

262 



§36-209 Housing and Redevelopment §C6-212 

earlier time that the area of operation of the regional housing authority shall 
be changed to consist of an odd number of counties. Each commissioner shall 
hold office until his successor has been appointed and has qualified, except as 
otherwise provided herein. 

1942 Code § 5271-56; 1940 (41) 1687; 1942 (42) 1742. 

§ 35-209. Removal of commissioners. 

For inefficiency, neglect of duty or misconduct in office a commissioner of 
a regional housing authority may be removed by the Senator of the county 
appointing him or, in the case of the commissioner appointed by the commis- 
sioners of the regional housing authority, by such commissioners. A commis- 
sioner of a regional housing authority may be removed only after he shall 
have been given a copy of the charges at least ten days prior to the hearing 
thereon and had an opportunity to be heard in person or by counsel. 

1942 Code § 5271-56; 1940 (41) 1687. 

§ 36-210. Meetings of commissioners. 

A majority of the commissioners of a regional housing authority shall 
constitute a quorum of such authority for the purpose of organizing the au- 
thority and conducting the business thereof. Nothing contained in this 
chapter shall be construed to prevent meetings of the commissioners of a 
housing authority anywhere within the perimeter boundaries of the area of 
operation or territorial jurisdiction of the authority or within any additional 
area in which the authority is authorized to undertake a housing project. 

1942 Code § 5271-56; 1940 (41) 1687; 1942 (42) 1742. 

§ 36-211. Area of operation of regional authority. 

The area of operation of a regional housing authority shall include, except 
as otherwise provided in this chapter, all of the counties for which such re- 
gional housing authority is created and established. But such area of oper- 
ation shall not include any portion of any county which lies within the ter- 
ritorial boundaries of any city until a resolution is adopted by the council of 
the city and also by the housing authority of the city if it shall have been there- 
tofore established declaring, as provided in § 36-121 that there is need for 
the regional housing authority to exercise its powers within such city. 

1942 Code § 5271-57; 1940 (41) 1687; 1942 (42) 1742. 

§ 36-212. Increase of area of operation. 

The area of operation of a regional housing authority shall be increased 
from time to time to include one or more additional contiguous counties, 
except any portion thereof within a city until a resolution or resolutions are 
adopted by the council and the housing authority, if there be one, of such 
city, as provided in § 36-211, not already within a regional housing authority 
if the legislative delegation of each of the counties then included in the area 
of operation of such regional housing authority, the commissioners of the 
authority and the legislative delegation of each such additional county or 
counties each adopt a resolution declaring that there is a need for the inclusion 

263 



§36-213 Code of Laws of South Carolina §36-215 

of such additional county or counties in the area of operation of such au- 
thority. Upon the adoption of such resolutions the county housing authority 
created for any such additional county shall cease to exist except for the 
purpose of winding up its affairs and executing a deed to the regional hous- 
ing authority as herein provided. 
1942 (-12) 1742. 

§ 36-213. Consent required to increase. 

Such resolutions shall not be adopted if there is a county housing authority 
created for any such additional county which has any obligations outstanding 
unless fa) all obligees of such county housing authority and parties to the 
contracts, bonds, notes and other obligations of any such authority consent 
in writing to the substitution of such regional housing authority in lieu of 
such county housing authority on all such contracts, bonds, notes or other 
obligations and (b) the commissioners of such county housing authority adopt 
a resolution consenting to the transfer of all the rights, contracts, obligations 
and property, real and personal, of such county housing authority to such 
regional housing authority as herein provided. 

1942 (42) 1742. 

§ 36-214. Findings prerequisite to increase. 

The legislative delegation of each of the counties in the regional housing 
authority, the commissioners of the regional housing authority and the legis- 
lative delegation of each such additional county or counties shall by resolution 
declare that there is a need for the inclusion of such additional county or 
counties in the area of operation of the regional housing authority only if (a) 
the legislative delegation of each such additional county or counties finds 
that insanitary or unsafe inhabited dwelling accommodations exist in such 
county or there is a shortage of safe and sanitary dwelling accommodations 
in such county available to persons of low income at rentals they can afford 
and (b) the legislative delegation of each of the counties then included in the 
area of operation of the regional housing authority, the commissioners of the 
regional housing authority and the legislative delegation of each such addition- 
al count}' or counties find that the regional housing authority would be a 
more efficient or economical administrative unit to carry out the purposes of 
this chapter if the area of operation of the regional housing authority is in- 
creased to include such additional county or counties. 

In determining whether dwelling accommodations are unsafe or insanitary 
the legislative delegation of a county shall take into consideration the safety 
and sanitation of dwellings, the light and air space available to the inhabitants 
of such dwellings, the degree of overcrowding, the size and arrangement of the 
rooms and the extent to which conditions exist in such dwellings which en- 
danger life or property by fire or other causes. 

1942 (42) 1742. 

§ 36-215. Effect on property, obligations, etc., of county authority. 

When the conditions prescribed by § 36-213 are complied with and the area 

264 



§ 36-216 Housing and Redevelopment § 36-218 

of operation of such regional housing authority is increased to include an 
additional count)' all rights, contracts, agreements, obligations and property of 
the county housing authority, if there be one, shall be in the name of and 
vest in such regional housing authority, all obligations of such county hous- 
ing authority shall be the obligations of such regional housing authority and 
all rights and remedies of any person against such county housing authority 
may be asserted, enforced and prosecuted against such regional housing au- 
thority to the same extent as they might have been asserted, enforced and 
prosecuted against such county housing authority. 

When any real property of a county housing authority vests in a regional 
authority as provided above, the county housing authority shall execute a 
deed of such property to the regional authority which thereupon shall file such 
deed in the office provided for the filing of deeds but any failure so to do shall 
not affect the vesting of such property in the regional housing authority as 
provided above. 

1942 (42) 1742. 

§ 36-216. Decrease of area of operation. 

The area of operation of a regional housing authority shall be decreased 
from time to time to exclude one or more counties from such area if the leg- 
islative delegation of each of the counties in such area and the commissioners 
of the regional housing authority each adopt a resolution declaring that there 
is a need for excluding such county or counties from such area. 

1942 (42) 1742. 

§ 36-217. Consent prerequisite to decrease. 

No action may be taken pursuant to § 36-216 if the regional housing author- 
ity has outstanding any bonds, notes or other evidences of indebtedness un- 
less all holders of such evidences of indebtedness consent in writing to such 
action. 

1942 (42) 1742. 

§ 36-218. Findings prerequisite to reduction of area. 

The legislative delegation of each of the counties in the area of operation 
of the regional housing authority and the commissioners of the regional 
housing authority shall adopt a resolution declaring that there is a need for 
excluding a county or counties from such area if (a) each such legislative 
delegation of the counties to remain in the area of operation of the regional 
housing authority and the commissioners of the regional housing authority 
find that, because of facts arising or determined subsequent to the time when 
such area first included the county or counties to be excluded, the regional 
housing authority would be a more efficient or economical administrative unit 
to carry out the purposes of this chapter if such county or counties were ex- 
cluded from such area and (b) the legislative delegation of each such county 
or counties to be excluded and the commissioners of the regional housing au- 
thority each also find that, because of the aforesaid changed facts, the pur- 
poses of this chapter could be carried out more efficiently or economically in 

265 



§36-219 Code of Laws of South Carolina § 26-222 

such county or counties if the area of operation of the regional housing au- 
thority did not include such county or counties. 

In determining whether dwelling accommodations are unsafe or insanitary 
the legislative delegation of a county shall take into consideration the safely 
and sanitation of dwellings, the light and air space available to the inhabitants 
of such dwellings, the degree of overcrowding, the size and arrangement of 
the rooms and the extent to which conditions exist in such dwellings which 
endanger life or property by fire or other causes. 

1942 (42) 1742. 

§ 35-219. Effect when area reduced to one county. 

If such action decreases the area of operation of the regional housing au- 
thority to only one county, such authority shall thereupon constitute and be- 
come a housing authority for such county, in the same manner as though such 
authority were thereupon authorized to transact business and exercise its 
powers pursuant to other provisions of this chapter and the commissioners of 
such authority shall be thereupon appointed as provided for the appointment 
of commissioners of a housing authority created for a county. 

1942 (42) 1742. 

§ 36-220. Disposition of property in excluded county. 

Any property held by a regional housing authority within a county excluded 
from the area of operation of such authority, as herein provided, shall, as 
soon as practicable after the exclusion of such county, be disposed of by such 
authority in the public interest. 

1942 (42) 1742. 

§ 36-221. Hearings prerequisite to creation or change of regional authority. 

The legislative delegation of a county shall not adopt any resolution au- 
thorized by §§ 36-201, 36-212 or 36-216 and 36-21S unless a public hearing has 
first been held. The legislative delegation of such county shall give notice 
of the time, place and purpose of the public hearing at least ten days prior 
to the day on which the hearing is to be held, in a newspaper published in 
the county or, if there is no newspaper in the count)', then in a newspaper 
published in the State and having a general circulation in the county. Upon 
the date fixed for such public hearing an opportunity to be heard shall be 
granted to all residents of such county and to all other interested persons. 

1942 (42) 1742. 

§ 36-222. Duties and powers of regional housing authority. 

A regional housing authority shall have all of the functions, rights, powers 
and duties provided for housing authorities created for cities and counties. 
The provisions of this chapter shall apply to a regional housing authority in 
the same manner and to the same extent as such provisions are applicable to a 
housing authority created for a city or county, and the term "authority" or 
"housing authority" as used in such provisions shall be construed as in- 

266 



§ 36-223 Housing and Redevelopment § 36-233 

eluding "regional housing authority," unless a different meaning clearly ap- 
pears from the context. 

1942 Code § 5271-57; 1940 (41) 1687. 

§ 36-223. Records open to inspection ; reports. 

A regional housing authority shall have its books, records and accounts 
open for inspection at any hour during any business day b}- any representative 
of the Senator or legislative delegation of any county included in the ter- 
ritorial jurisdiction of such authority. Such authority shall on or before 
January 31st in each year after the year of its creation make a report to the 
Senators and legislative delegations of the counties in the territorial jurisdic- 
tion of such authority with respect to its financial condition and its activities. 

1942 Code § 5271-56; 1940 (41) 1687. 

Article 6. 
Consolidated Housing Authorities. 

§ 36-231. How created. 

If the council of each of two or more municipalities, whether or not con- 
tiguous, by resolution declares that there is a need for one housing authority 
to be created for all of such municipalities to exercise in such municipalities 
the powers and other functions prescribed for a housing authority, a public 
body corporate and politic to be known as a consolidated housing authority, 
with such corporate name as it selects, shall thereupon exist for all of such 
municipalities and exercise its powers and other functions within its area of 
operation, including the power to undertake projects therein. Thereupon each 
housing authority, if any, created for each of such municipalities shall cease 
to exist except for the purpose of winding up its affairs and executing a deed 
of its real property to the consolidated housing authority. 

1942 (42) 1742. 

§ 36-232. Prerequisite to creation. 

The council of a municipality for which a housing authority has not been 
created shall not adopt the resolution required as a prerequisite to the estab- 
lishment of a consolidated housing authority unless it first declares that 
there is a need for a housing authority to function in the municipality and 
such declaration shall be made in the same manner and subject to the same 
conditions as the declaration of the council of a city required by § 36-112 for 
the purpose of creating a housing authority for the city. 

1942 (42) 1742. 

§ 36-233. Subject to same provisions as regional authorities. 

The creation of a consolidated housing authority and the finding of need 
therefor shall be subject to the same provisions and limitations of this chapter 
as are applicable to the creation of a regional housing authority and all 
of the provisions of this chapter applicable to regional housing authorities 

267 



§ 36-234 Code of Laws of South Carolina § 36-251 

and the commissioners thereof shall be applicable to consolidated housing 
authorities and the commissioners thereof. 
1942 (42) 1742. 

§36-234. Meaning of certain terms. 

For all purposes of §§ 36-231, 36-233 and 36-235 the term "legislative delega- 
tion" shall be construed as meaning "council," the term "Senator" shall be con- 
strued as meaning "mayor" the term "county" shall be construed as meaning 
"municipality" and the terms "county housing authority" and "regional housing 
authority" shall be construed as meaning "housing authority of the city" and 
"consolidated housing authority," respectively, unless a different meaning clearly 
appears from the context. 

1942 (42) 1742. 

§ 36-235. Area of operations. 

The area of operation of a consolidated housing authority shall include all 
of the territory within the boundaries of each municipality joining in the 
creation of such authority, except that such area of operation may be changed 
to include or exclude any municipality or municipalities in the same manner 
ami under the same provisions as provided in this chapter for changing the 
area of operation of a regional housing authority by including or excluding a 
county or counties. 

1942 (42) 1742. 

§ 36-236. General powers and duties. 

Except as otherwise provided herein, a consolidated housing authority and 
the commissioners thereof shall, within the area of operation of such consol- 
idated housing authority, have the same functions, rights, powers, duties, 
privileges, immunities and limitations as those provided for housing author- 
ities created for cities, counties or groups of counties and the commissioners 
of such housing authorities, in the same manner as though all the provisions 
of law applicable to housing authorities created for cities, counties or groups 
of counties were applicable to consolidated housing authorities. 

1942 (42) 1742. 

Article 7. 
Housing in Rural Areas. 

§ 36-251. Housing authorities may provide. 

Any housing authority which has rural areas under its jurisdiction may 
undertake the provision of housing for families of low income in such rural 
areas and may comply with any conditions, not inconsistent with the purposes 
of this chapter, required by the Federal Government pursuant to Federal law 
in any contract for financial assistance with the authority concerning such un- 
dertakings. 

1942 Code § 5271-5S; 1940 (41) 1687; 1951 (47) 529. 

Cross reference. — As to agreements with 
United States about rural rehabilitation 
projects, etc., see §§ 59-101 to 59-109. 

268 



§36-261 Housing and Redevelopment §36-271 

Article 8. 
Rural Authorities in Aiken County. 

§ 36-261. Establishment. 

One or more authorities may be established in Aiken County in communities 
which are not embraced in incorporated cities or towns. 

1942 Code § 5271-101; 1935 (39) 424. 

§ 36-262. Legislative delegation and Senator as governing body and mayor. 

Any such authority shall be created in the manner set out in article 2 hereof 
except that in its creation and in all matters connected therewith, the legis- 
lative delegation of Aiken County shall act as to such authority outside of in- 
corporated cities and towns whenever the town or city council is designated 
in said statute to act and said legislative delegation is hereby vested with 
the same powers or functions that are vested by this chapter in town or city 
councils. And the Senator of Aiken County shall act instead of the mayor 
whenever action is called for in this chapter by a mayor and the same powers 
and functions are hereby vested in the Senator of Aiken County as are vested 
by this chapter in a mayor. 

1942 Code § 5271-102; 1935 (39) 24. 

§ 36-263. Territorial jurisdiction. 

The territorial jurisdiction of each authority established under this article 
shall be determined by the legislative delegation of Aiken County, who shall 
file certificates of its determination in the office of the clerk of court of the 
county, in the office of the Secretary of State and in the office of the Board. 

1942 Code § 5271-103; 1935 (39) 424. 

§ 36-264. Powers, etc., of such authorities. 

Any such authority shall have all the functions, power, rights and liabil- 
ities provided in this chapter for other authorities, all of the provisions of 
which shall be fully applicable to such authorities so established in Aiken 
County. 

1942 Code § 5271-101; 1935 (39) 424. 

Article 9. 
Housing for National Defense Activities. 

§ 36-271. Definitions. 

As used in this article : 

(1) "Persons engaged in national defense activities" shall include, without 
limiting the generality thereof, enlisted men in the military and naval services 
of the United States and employees of the Department of Defense assigned to 
duty at military or naval reservations, posts or bases, workers engaged or to 
be engaged in industries connected with and essential to the national defense 
program and the families of the aforesaid persons who are living with them; 

269 



§ 36-272 Code of Laws of South Carolina § 36-273 

(2) "Persons of low income" shall mean persons or families who lack the 
amount of income which is necessary (as determined by the housing authority 
undertaking the housing project) to enable them, without financial assistance, 
to live in decent, safe and sanitary dwellings, without overcrowding; 

(3) "Development" shall mean any and all undertakings necessary for the 
planning, land acquisition, demolition, financing, construction or equipment 
in connection with a project, including the negotiation or award of contracts 
therefor, and shall include the acquisition of any project, in whole or in part, 
from the Federal Government ; 

(4) "Administration" shall mean any and all undertakings necessary for 
management, operation or maintenance in connection with any project and 
shall include the leasing of any project, in whole or in part, from the Federal 
Government ; 

(5) "Federal Government" shall mean the United States of America or any 
agency or instrumentality, corporate or otherwise, of the United States of 
America ; 

(6) The development of such projects shall be deemed to be "initiated'' if 
a housing authority has issued bonds, notes or other obligations with respect 
to the financing of such project of the housing authority or has contracted 
with the Federal Government with respect to the exercise of powers here- 
under in the development of such project of the Federal Government for which 
an allocation of funds has been made or approved during a period of war or 
national emergency declared by the President or Congress of the United 
States ; and 

(7) "Housing authority" shall mean any housing authority established or 
hereafter established pursuant to this chapter. 

1942 (42) 1758: 1951 (471 179. 

§ 36-272. Undertaking of projects for persons engaged in national defense. 

Any housing authority may undertake the development or administration, 
or both, of projects to assure the availability of safe and sanitary dwellings 
for persons engaged in national defense activities whom the housing authority 
determines would not otherwise be able to secure safe and sanitary dwellings 
within the vicinity thereof, but no housing authority shall initiate the develop- 
ment of any such project pursuant to this article except during a period of war 
or national emergency declared by the President or the Congress of the United 
States. 

1942 (42) 1758; 1951 (47) 179. 

§ 36-273. Powers with respect to such projects. 

In the ownership, development or administration of such projects a housing 
authority shall have all the rights, powers, privileges and immunities that 
such authority has under any provision of law relating to the ownership, de- 
velopment or administration of slum clearance and housing projects for per- 
sons of low income, in the same manner as though all the provisions of law 
applicable to slum clearance and housing projects for persons of low income 
were applicable to projects developed or administered to assure the availabil- 

270 



§ 36-274 Housing and Redevelopment § 36-276 

ity of safe and sanitary dwelling's for persons engaged in national defense 
activities as provided in this article. Housing projects developed or adminis- 
tered hereunder shall constitute "projects" under this chapter as that term 
is used herein. 

1942 (42) 1758: 1951 (47) 179. 

§ 36-274. Certain limitations not effective as to such projects. 

During the period (herein called the "National Defense Period") that a hous- 
ing authority finds (which finding shall be conclusive in any suit, action or 
proceeding) that within its authorized territorial jurisdiction or area of opera- 
tion, or any part thereof, there is an acute shortage of safe and sanitary dwell- 
ings which impedes the national defense program in this State and that the 
necessary safe and sanitary dwellings would not otherwise be provided when 
needed for persons engaged in national defense activities, any project devel- 
oped or administered by such housing authority, or by any housing authority 
cooperating with it, in such area, with the financial aid of the Federal Govern- 
ment, or as agent for the Federal Government as herein provided, shall not be 
subject to the limitations provided in the second sentence of § 36-134 and in 
§ 36-135. 

1942 (42) 1758; 1951 (47) 179. 

§ 36-275. Further powers of authorities. 

This article shall constitute an independent authorization for a housing 
authority to undertake the development or administration of projects to assure 
the availability of safe and sanitary dwellings for persons engaged in national 
defense activities as provided herein and for a housing authority to cooperate 
with, or act as agent for, the Federal Government in the development or ad- 
ministration of similar projects by the Federal Government. In acting under 
this authorization, a housing authority shall not be subject to any limitations, 
restrictions or requirements of other laws, except those relating to land acqui- 
sition, prescribing the procedure or action to be taken in the development or 
administration of any public works, including slum clearance and housing 
projects for persons of low income or undertakings or projects of municipal 
or public corporations or political subdivisions or agencies of the State. A 
housing authority may do any and all things necessary or desirable to co- 
operate with, or act as agent for, the Federal Government or to secure financial 
aid in the expeditious development or in the administration of projects to as- 
sure the availability of safe and sanitary dwellings for persons engaged in 
national defense activities and to effect the purposes of this article. 

1942 (42) 1758. 

§ 36-276. Cooperation with Federal Government; sale of project. 

A housing authority may exercise any of its powers for the purpose of co- 
operating with, or acting as agent for, the Federal Government in the develop- 
ment or administration of projects by the Federal Government to assure the 
availability of safe and sanitary dwellings for persons engaged in national de- 
fense activities and may undertake the development or administration of any 

271 



§36-277 Code of Laws of South Carolina §36-280 

such project for the Federal Government. In order to assure the availability 
of safe and sanitary housing for persons engaged in national defense activities, 
a housing authority may sell, in whole or in part, to the Federal Government 
any housing project or part thereof developed for persons of low income but 
not yet occupied by such persons. Any such sale shall be at such price and 
upon such terms as the housing authority shall prescribe and shall include 
provision for the satisfaction of all debts and liabilities of the housing authority 
relating to such projects. 
1942 (42) 1758. 

§ 36-277. Powers of cooperation same as under other articles. 

Any State public body, as defined in chapter 3 of this Title, shall have the 
same right and power to cooperate with housing authorities, or with the 
Federal Government, with respect to the development or administration of 
projects to assure the availability of safe and sanitary dwellings for persons 
engaged in national defense activities that such State public body has pursuant 
to said chapter for the purpose of assisting the development or administration 
of slum clearance or housing projects for persons of low income, if such State 
public body may furnish the aforesaid cooperation to such projects located 
within the territorial boundaries of such State public body or within ten miles 
thereof. 

1942 (42) 1758. 

§ 36-278. Operation during and after defense periods. 

During the national defense period a housing authority may make payments 
in such amounts as it finds necessary or desirable for any services, facilities, 
works, privileges or improvements furnished for or in connection with any 
such projects. After the national defense period any such projects owned and 
administered by a housing authority shall be administered for the purposes 
and in accordance with the provisions of this chapter. 

1942 (42) 1758; 1951 (47) 179. 

§ 36-279. Obligations of authorities as investments. 

Bonds or other obligations issued by a housing authority for a project 
developed or administered pursuant to this article shall be security for public 
deposits and legal investments to the same extent and for the same persons, 
institutions, associations, corporations, bodies and officers as bonds or other 
obligations issued pursuant to the other articles of this chapter for the de- 
velopment of a slum clearance or housing project for persons of low income. 

1942 (42) 1758. 

§ 36-280. Powers of authorities herein additional. 

The powers conferred by this article shall be in addition and supplemental 
to the powers conferred by any other law and nothing contained herein shall 
be construed as limiting any other powers of a housing authority. 

1942 (42) 1758. 

272 



§ 36-301 Housing and Redevelopment § 36-303 

CHAPTER 3. 
The Housing Cooperation Law. 

Sec. Sec. 

36-301. Short title. 36-305. When changes in housing projects 

36-302. Definitions. not to be required. 

36-303. How State public bodies may aid 36-306. Municipal and county loans or dona- 
authorities, tions to authorities. 

36-304. Appraisals, advertisement, etc., not 36-307. How powers granted State public 

required. bodies exercised. 

§36-301. Short title. 

This chapter may be referred to as the "Housing Cooperation Law." 
1942 Code § 5271-71; 1939 (41) 320; 1945 (44) 156. 

§ 36-302. Definitions. 

The following terms, whenever used or referred to in this chapter shall have 
the following respective meanings, unless a different meaning clearly appears 
from the context : 

(1) "Housing authority" shall mean any housing authority created pursuant 
to the Housing Authorities Law ; 

(2) "Housing project" shall mean any work or undertaking of a housing au- 
thority pursuant to the Housing Authorities Law or any similar work or un- 
dertaking of the Federal Government ; 

(3) "State public body" shall mean any city, town, county, municipal cor- 
poration, commission, district, authority or other subdivision or public body 
of the State; 

(4) "Governing body" shall mean the council, board or other body having 
charge of the fiscal affairs of the State public body ; 

(5) "Federal Government" shall include the United States, the United States 
housing authority and any other agency or instrumentality, corporate or other- 
wise, of the United States of America. 

1942 Code § 5271-73; 1939 (41) 320; 1945 (44) 156. 

§ 36-303. How State public bodies may aid authorities. 

For the purpose of aiding and cooperating in the planning, undertaking, 
construction or operation of housing projects located within the area in which 
it is authorized to act, any State public body may upon such terms, with or 
without consideration, as it may determine: 

(1) Dedicate, sell, convey or lease any of its interest in any property or 
grant easements, licenses or any other rights or privileges therein to a 
housing authority or the Federal Government ; 

(2) Cause parks, playgrounds, recreational, community, educational, water, 
sewer or drainage facilities or any other works which it is otherwise em- 
powered to undertake to be furnished adjacent to or in connection with hous- 
ing projects; 

(3) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan 
streets, roads, roadways, alleys, sidewalks or other places which it is other- 
wise empowered to undertake ; 

[4 SC Code] — 18 273 



§ 36-304 Code of Laws of South Carolina § 36-305 

(4) Plan or replan or zone or rezone any part of such State public body, 
make exceptions from building regulations and ordinances and, if the body 
be a city or town, change its map; 

(5) Cause services to be furnished to the housing authority of the char- 
acter which such State public body is otherwise empowered to furnish; 

(6) Enter into agreements with respect to the exercise by such State public 
body of its powers relating to the repair, closing or demolition of unsafe, in- 
sanitary or unfit dwellings; 

(7) Employ (notwithstanding the provisions of any other law) any funds 
belonging to or within the control of such State public body, including funds 
derived from the sale or furnishing of property or facilities to a housing au- 
thority, in the purchase of the bonds or other obligations of a housing author- 
ity and exercise all the rights of any holder of such bonds or other obligations; 

(8) Do any and all things necessary or convenient to aid and cooperate 
in the planning, undertaking, construction or operation of such housing proj- 
ects ; 

(9) Incur the entire expense of any public improvements made by such 
State public body in exercising the powers granted in this chapter ; and 

(10) Enter into agreements (which may extend over any period, not- 
withstanding any provision or rule of law to the contrary) with a housing 
authority respecting action to be taken by such State public body pursuant 
to any of the powers granted by this chapter and if at any time title to, or 
possession of, any project is held by any public body or governmental agency 
authorized by law to engage in the development or administration of low-rent 
housing or slum clearance projects, including any agency or instrumentality 
of the United States of America, the provisions of such agreements shall inure 
to the benefit of and may be enforced by such public body or governmental 
agency. 

1942 Code § 5271-74; 1939 (41) 320; 1945 (44) 156; 1951 (47) 529. 

§ 36-304. Appraisals, advertisement, etc., not required. 

Any law or statute to the contrary notwithstanding, any sale, conveyance, 
lease or agreement authorized by § 36-303 may be made by a State public 
body without appraisal, public notice, advertisement or public bidding. 

1942 Code § 5271-74; 1939 (41) 320; 1945 (44) 156. 

§ 36-305. When changes in housing projects not to be required. 

With respect to any housing project which a housing authority has ac- 
quired or taken over from the Federal Government and which the housing 
authority by resolution has found and declared to have been constructed in 
a manner that will promote the public interest and afford necessary safety, 
sanitation and other protection, no State public body shall require any changes 
to be made in the housing project or the manner of its construction or take 
any other action relating to such construction. 

1942 Code § 5271-74; 1939 (41) 320; 1945 (44) 156. 

274 [4SCCode] 



§ 36-306 



Housing and Redevelopment 



§ 26-4C2 



§ 36-306. Municipal and county loans or donations to authorities. 

Any city, town or county located in whole or in part within the area of 
operation of a housing authority may from time to time lend or donate money 
to such authority or agree to take such action. Such housing authority, when 
it has money available therefor, shall make reimbursements for all such loans 
made to it. 

1942 Code § 5271-75; 1939 (41) 320; 1945 (44) 156. 

§ 36-307. How powers granted State public bodies exercised. 

The exercise by a State public body of the powers herein granted may be 
authorized by resolution of the governing body of such State public body 
adopted by a majority of the members of its governing body present at a 
meeting of such governing body. Such a resolution may be adopted at the 
meeting at which it is introduced. It shall take effect immediately and need 
not be laid over or published or posted. 

1942 Code § 5271-76; 1939 (41) 320; 1945 (44) 156. 



CHAPTER 4. 
The Redevelopment Law. 



Sec. 

36-401. Short title. 

36-402. Definitions. 

36-403. Legislative findings. 

36-404. Housing authorities may carry out 
redevelopment project. 

36-405. Municipality must approve plan. 

36-405.1. Prerequisites to determination that 
land not in blighted area must be 
acquired. 

36-405.2. Which governing body to make 
such determination. 

36-406. Powers of authorities in undertak- 
ing such projects. 

36-407. Cooperation of State public bodies 
in project. 



Sec. 

36-407.1. Grant of funds by public body; 
tax or bond issue to raise same. 

36-408. Land in project may be available 
for public or private use. 

36-409. Covenants required of purchasers. 

36-410. Property leased for private use tax- 
able. 

36-411. Borrowing money or accepting con- 
tributions from Federal Govern- 
ment. 

36-412. Obligations as security for deposits 
or investments. 

36-413. Advisory board. 

36-414. Chapter cumulative. 



36-401. Short title. 

This chapter may be referred to as the "Redevelopment Law." 
1946 (44) 1450. 



§36-402. Definitions. 

The following terms, whenever used or referred to in this chapter shall 
have the following meanings, unless a different meaning is clearly indicated 
by the context : 

(1) The term "blighted areas" shall include : 

(a) Areas in which there is a predominance of buildings or improvements 
which, by reason of dilapidation, deterioration, age, obsolescence, inadequate 
provision for ventilation, light, air, sanitation or open spaces, high density 

275 



§36-402 Code of Laws of South Carolina §36-402 

of population and overcrowding or the existence of conditions which endanger 
life or property by fire and other causes, or any combination of such factors, 
are conducive to ill health, transmission of disease, infant mortality, juvenile 
delinquency and crime and are detrimental to the public health, safety, morals 
or welfare ; 

(b) Areas which by reason of the predominance of defective or inadequate 
street layout, faulty lot layout in relation to size, adequacy, accessibility or 
usefulness, insanitary or unsafe conditions, deterioration of site improvements, 
diversity of ownership, tax or special assessment delinquency exceeding the 
fair value of the land, defective or unusual conditions of title, improper sub- 
division or obsolete platting or the existence of conditions which endanger 
life or property by fire and other causes, or any combination of such factors, 
substantially impair or arrest the sound growth of the community, retard the 
provision of housing accommodations or constitute an economic or social lia- 
bility and are a menace to the public health, safety, morals or welfare in their 
present condition and use ; 

(2) The term "redevelopment project" shall mean any work or undertaking: 

(a) To acquire blighted areas or portions thereof, including lands, struc- 
tures or improvements the acquisition of which is necessary or incidental to 
the proper clearance, development or redevelopment of such blighted areas 
or to the prevention of the spread or recurrence of slum conditions or condi- 
tions of blight ; 

(b) To clear any such areas by demolition or removal of existing buildings, 
structures, streets, utilities or other improvements thereon and to install, con- 
struct or reconstruct streets, utilities and site improvements essential to the 
preparation of sites for uses in accordance with the redevelopment plan ; or 

(c) To sell, lease or otherwise make available land in such areas for resi- 
dential, recreational, commercial, industrial or other use or for public use or 
to retain such land for public use, in accordance with the redevelopment plan ; 
and 

The term "redevelopment project" may also include the preparation of a re- 
development plan, the planning, survey and other work incident to a redevel- 
opment project and the preparation of all plans and arrangements for carrying 
out a redevelopment project and upon a determination, by resolution of the 
governing body of the municipality in which such land is located, that the 
acquisition and development of undeveloped vacant land, not within a blighted 
area, is essential to the proper clearance or redevelopment of a blighted area 
or a necessary part of the general slum clearance program of the municipality, 
the acquisition, planning, preparation for development or disposal of such land 
shall constitute a redevelopment project ; 

(3) The term "redevelopment plan" shall mean a plan, other than a prelim- 
inary or tentative plan, for the acquisition, clearance, reconstruction, rehabili- 
tation or future use of a redevelopment project area which shall be sufficiently 
complete ; 

(a) To indicate its relationship to definite local objectives as to appro- 
priate land uses and improved traffic, public transportation, public utilities, 
recreational and community facilities and other public improvements; 

276 



§ 36-403 Housing and Redevelopment § 36-404 

(b) To indicate proposed land uses and building requirements in the area; 
and 

(c) To indicate the method for the temporary relocation of persons living 
in such areas and also the method for providing (unless already available) 
decent, safe and sanitary dwellings substantially equal in number to the num- 
ber of substandard dwellings to be cleared from such area, at rents within the 
financial reach of the income groups displaced from such substandard dwell- 
ings. 

(4) "Municipality'' means a city, town or county. 
1946 (44) 1450: 1951 (47) 744. 

§ 36-403. Legislative findings. 
It is hereby found and declared : 

(1) That there exist in many communities within the State blighted areas 
which constitute a serious and growing menace, injurious and inimical to the 
public health and safety and to the morals and welfare of the residents of 
the State ; 

(2) That the existence of such areas (a) contributes substantially and in- 
creasingly to the spread of disease and crime, necessitating excessive and dis- 
proportionate expenditures of public funds for the preservation of the public 
health and safety, for crime prevention, correction, prosecution and punish- 
ment, for the treatment of juvenile delinquency and for the maintenance of 
adequate police, fire and accident protection and other public services and 
facilities, (b) constitutes an economic and social liability, (c) substantially 
impairs or arrests the sound growth of communities and (d) retards the provi- 
sion of housing accommodations ; 

(3) That this menace is beyond remedy and control solely by regulatory 
process in the exercise of the police power and cannot be dealt with effectively 
by the ordinary operations of private enterprise without the aids herein pro- 
vided ; 

(4) That the elimination of conditions of blight, the acquisition and prep- 
aration of land in or necessary to the development of blighted areas and its 
sale or lease for development or redevelopment in accordance with general 
plans and redevelopment plans of communities and any assistance which ma}' 
be given by cities or other public bodies in connection therewith are public 
uses and purposes for which public money may be expended and private prop- 
erty acquired ; and 

(5) That the necessity in the public interest for the provisions hereinafter 
enacted is hereby declared as a matter of legislative determination. 

1946 (44) 1450; 1951 (47) 744. 

§ 36-404. Housing authorities may carry out redevelopment project. 

Any housing authority established pursuant to the Housing Authorities 
Law may prepare or cause to be prepared redevelopment plans and under- 
take and carry out redevelopment projects within its area of operation in 
accordance with the provisions of this chapter. 

1946 (44) 1450; 1951 (47) 744. 

277 



§ 36-405 Code of Laws of South Carolina § 36-406 

§ 36-405. Municipality must approve plan. 

A housing authority shall not acquire property for a redevelopment project 
under this chaper until the governing body of each municipality in which any 
of the area to be covered by the project is situated has approved the redevelop- 
ment plan for the redevelopment project area. Such municipalities may ap- 
prove redevelopment plans through their governing bodies. 

1946 (44) 1450; 1951 (47) 744. 

§ 36-405.1. Prerequisites to determination that land not in blighted area must 
be acquired. 

A determination by the governing body of a municipality pursuant to the 
provisions of the last paragraph of item (2) of § 36-402 shall not be made until 
such governing body finds that there is a shortage of decent, safe and sanitary 
housing in the municipality, that the undeveloped vacant land that is the 
subject of the determination will be developed for predominantly residential 
uses and that the provision of decent, safe and sanitary housing on such un- 
developed vacant land is necessary to the relocation of families to be displaced 
from blighted areas in the municipality which are under redevelopment. 

1951 (47) 744. 

§ 36-405.2. Which governing body to make such determination. 

In the undertaking of redevelopment projects on a regional or unified metro- 
politan basis, involving the acquisition and development of undeveloped vacant 
land in one municipality as an adjunct to the redevelopment of blighted areas 
in another municipality, each determination or finding required under the 
provisions of the last paragraph of item (2) of § 36-402 or under § 36-405.1 shall 
be made by the governing body of the municipality with respect to which the 
determination or finding relates. 

1951 (47) 744. 

§ 36-406. Powers of authorities in undertaking such projects. 

In undertaking such redevelopment projects a housing authority shall have 
all the rights, powers, privileges and immunities that such authority has 
under the Housing Authorities Law and any other provision of law relating 
to slum clearance and housing projects for persons of low income (including, 
without limiting the generality of the foregoing, the power to make and 
execute contracts, to issue bonds and other obligations and give security 
therefor, to acquire real property by eminent domain or purchase and to do 
any and all things necessary to carry out projects) in the same manner as 
though all the provisions of law applicable to slum clearance and housing 
projects were applicable to redevelopment projects undertaken under this 
chapter. But nothing contained in §§ 36-134 to 36-136 shall be construed as 
limiting the power of an authority, in the event of a default by a purchaser 
or lessee of land in a redevelopment plan, to acquire property and operate it 
free from the restrictions contained in said sections. 

1946 (44) 1450. 

278 



§ 36-407 Housing and Redevelopment § 36-410 

§ 36-407. Cooperation of State public bodies in project. 

Any State public body, as denned in § 36-302, shall have the same rights 
and powers to cooperate with and assist housing authorities with respect to 
redevelopment projects that such State public body has pursuant to the 
Housing Cooperation Law for the purpose of assisting the development or 
administration of slum clearance and housing projects in the same manner 
as though the provisions of the Housing Cooperation Law were applicable 
to redevelopment projects undertaken under this chapter. 

1946 (44) 1450. 

§ 36-407.1. Grant of funds by public body ; tax or bond issue to raise same. 

Any State public body located in whole or in part within the area of opera- 
tion of a housing authority may grant funds to a housing authority for the 
purpose of aiding such housing authority in carrying out any of its powers 
and functions under this chapter. To obtain funds for this purpose, the State 
public body may levy taxes or may issue and sell its bonds. Any taxes levied 
or bonds issued by a State public body pursuant to the provisions of this sec- 
tion shall be levied or issued in the manner and within the limitations pre- 
scribed by the laws of this State for the levying of taxes or for the issuance 
and authorization of such bonds for public purposes generally. 

1951 (47) 744. 

§ 36-408. Land in project may be available for public or private use. 

The authority may make land in a redevelopment project available for use 
by private enterprise or public agencies in accordance with the redevelopment 
plan. Such lands shall be made available at their fair value for use in ac- 
cordance with the redevelopment plan, as determined by the authority, not- 
withstanding that such value may be less than the cost of acquiring and pre- 
paring such property for redevelopment. 

1946 (44) 1450; 1951 (47) 744. 

§ 36-409. Covenants required of purchasers. 

To assure that land acquired in a redevelopment project is used in accord- 
ance with the redevelopment plan, an authority, upon the sale or lease of such 
land, shall obligate purchasers or lessees : 

(1) To use the land for the purpose designated in the development plan; 

(2) To begin the building of their improvements within a period of time 
which the authority fixes as reasonable ; and 

(3) To comply with such other conditions as are necessary to carry out the 
purposes of this chapter. 

Any such obligations of the purchaser shall be covenants and conditions 
running with the land when the authority so stipulates. 
1946 (44) 1450. 

§ 36-410. Property leased for private use taxable. 

Any property which the authority leases to private corporations, individuals 
or partnerships for development under a redevelopment plan shall have the 

279 



§36-411 Code of Laws of Sooth Carolina §36-414 

same tax status as if such leased property were owned by such private cor- 
porations, individuals or partnerships. 
1946 (44) 1450. 

§36-411. Borrowing money or accepting contributions from Federal Govern- 
ment. 

An authority may borrow money or accept contributions from the Federal 
Government to assist it in undertaking redevelopment projects. An authority 
may do any and all things necessary or desirable to secure financial aid, includ- 
ing obligating itself in any contract with the Federal Government for financial 
assistance to convey to the Federal Government the project to which the 
contract relates upon the occurence of a substantial default thereunder, in 
the same manner as it may do to secure such aid in connection with slum 
clearance and housing projects under the provisions of the Housing Authori- 
ties Law. 

1946 (44) 1450: 1951 (47) 744. 

§ 36-412. Obligations as security for deposits or investments. 

Bonds or other obligations issued by a housing authority in connection with 
a redevelopment project pursuant to this chapter which are secured by a con- 
tract with the Federal Government for financial assistance shall be security 
for public deposits and legal investments to the same extent and for the same 
persons, institutions, associations, corporations and other bodies and officers 
as bonds or other obligations issued pursuant to the Housing Authorities Law 
in connection with the development of slum clearance or housing projects. 

1946 (44) 1450; 1951 (47) 744. 

§ 36-413. Advisory board. 

For the purpose of coordinating its activities and undertakings under this 
chapter with the needs and undertakings of other local organizations and 
groups a housing authority may establish an advisory board consisting of 
the chairman of the authority, who shall be chairman of the advisory board, 
and of sufficient members to represent so far as practicable the general public 
and consumers of housing, general business interests, real estate, building and 
home financing interests, fabor, any official planning body in the locality and 
church and welfare groups. The members of the advisory board shall be 
appointed by the chairman of the authority. 

1946 (44) 1450. 

§ 36-414. Chapter cumulative. 

The powers conferred by this chapter shall be in addition and supplemental 
to the powers conferred by any other law. 

1946 (44) 1450. 



280 



§ 36-501 Housing and Redevelopment § 36-502 

CHAPTER 5. 

Dwellings Unfit for Human Habitation in Municipalities of Over 

Five Thousand. 

Sec. Sec. 

36-501. Definitions. 36-506. Service of complaints; posting and 

36-502. Repairing, closing or demolishing filing copies. 

unfit dwellings. 36-507. Rights of persons affected by orders. 

36-503. Provisions of ordinances relating to 36-508. Powers of public officer. 

such dwellings. 36-509. Sale of materials of demolished 

36-504. Powers as to nuisances not affected. dwelling. 

36-505. Standards for determining fitness 36-510. Funds for enforcement; estimate of 

of dwelling. amount needed. 

36-511. Chapter cumulative. 

§ 36-501. Definitions. 

The following terms whenever used or referred to in this chapter shall 
have the following respective meanings for the purposes of this chapter, 
unless a different meaning clearly appears from the context : 

(1) "Municipality" shall mean any city or town having" a population of more 
than five thousand inhabitants; 

(2) "Governing body" shall mean the council or other legislative body 
charged with governing a municipality ; 

(3) "Public officer" shall mean the officer or officers who are authorized 
by ordinances adopted hereunder to exercise the powers prescribed by such 
ordinances and by this chapter; 

(4) "Public authority" shall mean any housing authority or any officer who 
is in charge of any department or branch of the government of the municipal- 
ity or State relating to health, fire or building regulations or to other activ- 
ities concerning dwellings in the municipality ; 

(5) "Ozvner" shall mean the holder of the title in fee simple and every mort- 
gagee of record ; 

(6) "Parties in interest" shall mean all individuals, associations, corporations 
and others who have interests of record in a dwelling and any who are in 
possession thereof ; and 

(7) "Dwelling" shall mean any building or structure, or part thereof, used 
and occupied for human habitation or intended to be so used and includes any 
outhouses and appurtenances belonging thereto or usually enjoyed therewith. 

1942 Code § 5271-82; 1939 (41) 347; 1945 (44) 156. 

§ 36-502. Repairing, closing or demolishing unfit dwellings. 

Whenever any municipality of this State finds that there exist in such 
municipality dwellings which are unfit for human habitation due to (a) dilap- 
idation, (b) defects increasing the hazards of fire, accidents or other calam- 
ities, (c) lack of ventilation, light or sanitary facilities or (d) other condi- 
tions rendering such dwellings unsafe or insanitary, dangerous or detrimental 
to the health, safety or morals or otherwise inimical to the welfare of the 
residents of such municipality, such municipality may exercise its police pow- 

2S1 



§ 36-503 Code of Laws of South Carolina § 36-503 

ers to repair, close or demolish any such dwelling in the manner herein pro- 
vided. 

1942 Code § 5271-81; 1939 (41) 347; 1945 (44) 156. 

§ 36-503. Provisions of ordinances relating to such dwellings. 

Upon the adoption of an ordinance finding that dwelling conditions of the 
character described in § 36-502 exist within a municipality, the governing 
body of such municipality may adopt ordinances relating to the dwellings 
within such municipality which are unfit for human habitation. Such ordi- 
nances shall include the following provisions: 

(1) That a public officer be designated or appointed to exercise the powers 
prescribed by the ordinances ; 

(2) That whenever a petition is filed with the public officer by a public 
authority or by at least five residents of the municipality charging that any 
dwelling is unfit for human habitation or whenever it appears to the public 
officer (on his own motion) that any dwelling is unfit for human habitation, 
the public officer shall, if his preliminary investigation discloses a basis for 
such charges, issue and cause to be served upon the owner of and all parties 
in interest in such dwelling a complaint stating the charges in that respect 
and containing a notice that a hearing will be held before the public officer 
or his designated agent at a place therein fixed not less than ten days nor more 
than thirty days after the serving of such complaint ; that the owner and par- 
ties in interest shall be given the right to file an answer to the complaint and 
to appear in person or otherwise and give testimony at the place and time 
fixed in the complaint ; and that the rules of evidence prevailing in courts of 
law or equity shall not be controlling in hearings before the public officer; 

(3) That if, after such notice and hearing, the public officer determines that 
the dwelling under consideration is unfit for human habitation he shall state 
in writing his findings of fact in support of such determination and shall issue 
and cause to be served upon the owner thereof an order, 

(a) if the repair, alteration or improvement of the dwelling can be made 
at a reasonable cost in relation to the value of the dwelling (the ordinance 
of the municipality may fix a certain percentage of such cost as being reason- 
able for such purpose), requiring the owner, within the time specified in the 
order, to repair, alter or improve such dwelling to render it fit for human 
habitation or to vacate and close the dwelling as a human habitation ; or 

(b) if the repair, alteration or improvement of the dwelling cannot be made 
at a reasonable cost in relation to the value of the dwelling (the ordinance of 
the municipality may fix a certain percentage of such cost as being reasonable 
for such purpose), requiring the owner, within the time specified in the order, 
to remove or demolish such dwelling; 

(4) That, if the owner fails to comply with an order to repair, alter or 
improve or to vacate and close the dwelling, the public officer may cause such 
dwelling to be repaired, altered or improved or to be vacated and closed; that 
the public officer may cause to be posted on the main entrance of any dwelling 
so closed, a placard with the following words: "This building is unfit for 

282 



§ 36-504 Housing and Redevelopment § 26-506 

human habitation; the use or occupation of this building for human habitation 
is prohibited and unlawful" ; 

(5) That, if the owner fails to comply with an order to remove or de- 
molish the dwelling, the public officer may cause such dwelling to be removed 
or demolished ; and 

(6) That the amount of the cost of such repairs, alterations or improve- 
ments, vacating and closing or removal or demolition by the public officer 
shall be a lien against the real property upon which such cost was incurred. 

1942 Code § 5271-83; 1939 (41) 347; 1945 (44) 156. 

§ 36-504. Powers as to nuisances not affected. 

Nothing in § 36-503 shall be construed to impair or limit in any way the 
power of a municipality to define and declare nuisances and to cause their 
removal or abatement by summary proceedings or otherwise. 

1942 Code § 5271-83; 1939 (41) 347; 1945 (44) 156. 

§ 36-505. Standards for determining fitness of dwelling. 

An ordinance adopted by a municipality under this chapter shall provide 
that a public officer may determine that a dwelling is unfit for human habita- 
tion if he finds that conditions exist in such dwelling which are dangerous 
or injurious to the health, safety or morals of the occupants of such dwelling, 
the occupants of neighboring dwellings or other residents of such municipality. 
Such conditions may include the following (without limiting the generality 
of the foregoing) : defects therein increasing the hazards of fire, accident 
or other calamities; lack of adequate ventilation, light or sanitary facilities; 
dilapidation; disrepair; structural defects; uncleanliness. The ordinance may 
provide additional standards to guide the public officer or his agents in deter- 
mining the fitness of a dwelling for human habitation. 

1942 Code § 5271-84; 1939 (41) 347; 1945 (44) 156. 

§ 36-506. Service of complaints ; posting and filing copies. 

Complaints or orders issued by a public officer pursuant to an ordinance 
adopted under this chapter shall be served upon persons either personally or 
by registered mail, but if the whereabouts of such persons is unknown and 
cannot be ascertained by the public officer in the exercise of reasonable dili- 
gence and the public officer shall make an affidavit to that effect, then the 
serving of such complaint or order upon such persons may be made by pub- 
lishing it once each week for two consecutive weeks in a newspaper printed 
and published in the municipality or, in the absence of such newspaper, in 
one printed and published in the county and circulating in the municipality 
in which the dwellings are located. A copy of such complaint or order shall 
be posted in a conspicuous place on the premises affected by the complaint 
or order. A copy of such complaint or order shall also be filed with the clerk 
of the county in which the dwelling is located and such filing of the complaint 
or order shall have the same force and effect as other lis pendens notices pro- 
vided by law. 

1942 Code § 5271-85; 1939 (41) 347; 1945 (44) 156. 

283 



§ 36-507 Code of 1 .aw s of South Carolina § 36-509 

§ 36-507. Rights of persons affected by orders. 

Any person affected by an order issued by a public officer may within sixty 
days after the posting and service of the order petition the circuit court for an 
injunction restraining the public officer from carrying out the provisions of 
the order and the court may, upon such petition, issue a temporary injunction 
restraining the public officer pending the final disposition of the cause. Hear- 
ings shall be had by the court on such petitions within twenty days or as soon 
thereafter as possible and shall be given preference over other matters on the 
court's calendar. The court shall hear and determine the issues raised and 
shall enter such final order or decree as law and justice may require. In all 
such proceedings the findings of the public officer as to facts, if supported by 
evidence, shall be conclusive. Costs shall be in the discretion of the court. 
The remedies herein provided shall be exclusive remedies and no person af- 
fected by an order of the public officer shall be entitled to recover any damages 
for action taken pursuant to any order of the public officer or because of com- 
pliance by such person with any order of the public officer. 

1942 Code § 5271-S6; 1939 (41) 347; 1945 (44) 156. 

§ 36-508. Powers of public officer. 

An ordinance adopted by the governing body of a municipality may author- 
ize a public officer to exercise such powers as may be necessary or convenient 
to carry out and effectuate the purposes and provisions of this chapter, in- 
cluding the following powers in addition to others herein granted: 

(1) To investigate the dwelling conditions in the municipality in order to 
determine which dwellings therein are unfit for human habitation; 

(2) To administer oaths and affirmations, examine witnesses and receive 
evidence ; 

(3) To enter upon premises for the purpose of making examinations, pro- 
vided such entries be made in such manner as to cause the least possible incon- 
venience to the persons in possession; 

(4) To appoint and fix the duties of such officers, agents and employees 
as he deems necessary to carry out the purposes of the ordinances ; and 

(5) To delegate any of his functions and powers under the ordinances to 
such officers and agents as he may designate. 

1942 Code § 5271-87; 1939 (41) 347; 1945 (44) 156. 

§ 36-509. Sale of materials of demolished dwelling. 

If a duelling is removed or demolished by a public officer he shall sell the 
materials of such dwelling and shall credit the proceeds of such sale against 
the cost of the removal or demolition and any balance remaining shall be 
deposited in the circuit court by the public officer, shall be secured in such 
manner as may be directed by such court and shall be disbursed by such court 
to the persons found to be entitled thereto by final order or decree of such 
court. 

1942 Code § 5271-S3; 1939 (41) 347; 1945 (44) 156. 

284 



§ 36-510 Housing and Redevelopment § 36-601 

§ 36-510. Funds for enforcement ; estimate of amount needed. 

The governing body of any municipality adopting an ordinance under this 
chapter shall as soon as possible thereafter prepare an estimate of the annual 
expenses or costs to provide the equipment, personnel and supplies necessary 
for periodic examinations and investigations of the dwellings in such munic- 
ipality for the purpose of determining the fitness of such dwellings for human 
habitation and for the enforcement and administration of its ordinances adopt- 
ed under this chapter. Any such municipality may make such appropriations 
from its revenues as it may deem necessary for this purpose and may accept 
and apply grants or donations to assist it in carrying out the provisions of 
such ordinances. 

1942 Code § 5271-88; 1939 (41) 347; 1945 (44) 156. 

§36-511. Chapter cumulative. 

Nothing in this chapter shall be construed to abrogate or impair the powers 
of the courts or of any department of any municipality to enforce any provi- 
sions of its charter or its ordinances or regulations, or to prevent or punish 
violations thereof and the powers conferred by this chapter shall be in addi- 
tion and supplemental to the powers conferred by any other law. 

1942 Code § 5271-89; 1939 (41) 347. 



CHAPTER 6. 

Investments in Housing Obligations. 

Sec. Sec. 

36-601. Financial institutions may make 36-603. Laws requiring security not ap- 

loans eligible for Federal housing plicable to such investments. 

insurance. 36-604. Investment in bonds of Home 

36-602. Investments in mortgages, etc., in- Owners' Loan Corporation. 

sured or issued by Federal hous- 36-605. Municipalities may accept bonds in 

ing administrator or national payment of taxes, assessments, 

mortgage associations. etc. 

§ 36-501. Financial institutions may make loans eligible for Federal housing 
insurance. 
Banks, savings banks, trust companies, insurance companies and other 
financial institutions subject to the laws of this State may : 

(1) Make such loans and advances of credit as are eligible for insurance 
by the Federal housing administrator and obtain such insurance ; 

(2) Make such loans, secured by real property or lease-hold, as the Federal 
housing administrator insures or makes commitment to insure and obtain such 
insurance ; 

(3) Make such loans as are fully guaranteed by any Federal agency under 
the provisions of Title III of the Servicemen's Readjustment Act of 1944 or 
any amendment thereto ; and 

(4) Make such loans as are partially guaranteed under the provisions of 
Title III of the Servicemen's Readjustment Act of 19-14 or any amendment 

285 



§ 36-602 Code of Laws of South Carolina § 36-604 

thereto, but only as may be permitted by regulations of the State Board of 
Bank Control. 

1942 Code §7838-1; 1935 (39) 67; 1937 (40) 406; 1945 (44) 4. 

§ 36-602. Investments in mortgages, etc., insured or issued by Federal housing 
administrator or national mortgage associations. 

Banks, savings banks, trust companies, insurance companies and other 
financial institutions and executors, administrators, guardians, committees, 
conservators and other fiduciaries subject to the laws of this State may invest 
their funds and the moneys in their custody or possession, available for in- 
vestment, (a) in mortgages insured by the Federal housing administrator, in- 
cluding bonds secured by a mortgage so insured, (b) in debentures issued 
by said administrator and (c) in securities issued by national mortgage asso- 
ciations. 

1942 Code § 7838-2; 1935 (39) 67; 1937 (40) 406. 

§ 36-603. Laws requiring security not applicable to such investments. 

No law of this State (a) requiring security upon which loans or invest- 
ments may be made, (b) prescribing the nature, amount or form of such se- 
curity, (c) prescribing or limiting interest rates upon loans or investments or 
(d) prescribing or limiting the period for which loans or investments may be 
made shall be deemed to apply to loans or investments made pursuant to 
§ 36-601 or § 36-602. 

1942 Code § 7838-3; 1935 (39) 67. 

§ 36-604. Investment in bonds of Home Owners' Loan Corporation. 

The State and any of its departments, institutions and agencies, any polit- 
ical subdivision or district of the State, any political or public corporation 
of the State or of the United States, any insurance company, building and loan 
association, bank, trust company or other financial institution operating or 
doing business in the State or under the laws of this State or the United States, 
any national bank or the receiver of any bank, trust company, building and 
loan association or other financial institution operating under the laws of this 
State or of the United States or any executor, administrator, committee, guard- 
ian, conservator, trustee or other fiduciary may invest his funds or the moneys 
in his custody or possession available for investment in bonds of the Home 
Owners' Loan Corporation, a corporation created or organized pursuant to 
an act of Congress of the United States of America known as the "Home Own- 
ers' Loan Act of 1933," or to exchange for bonds issued by such corporation 
home mortgages and other obligations and liens secured by real estate, includ- 
ing the interest of a vendor under a purchase money mortgage or contract 
and any other obligation or claim for which homes or other real estate may 
be subjected to payment, whether authorized heretofore or not. 

1942 Code §9050-1; 1934 (38) 1262. 



286 



§ 36-605 Housing and Redevelopment § 36-651 

§ 36-605. Municipalities may accept bonds in payment of taxes, assessments, 
etc. 

The municipal authorities of cities and towns of this State may accept and 
receive bonds of the Home Owners' Loan Corporation in payment of taxes, 
assessments or other claims on property upon which the taxes, assessments 
or other claims are due or delinquent and upon which property the Home 
Owners' Loan Corporation makes a loan to the owner of the property. 

1942 Code §9050-1; 1934 (38) 1262. 

CHAPTER 7. 
Local Provisions. 

Sec. 

36-651. Legislative delegation approval nec- 
essary for public housing in 
Greenwood County. 

§ 36-651. Legislative delegation approval necessary for public housing in 
Greenwood County. 

No municipality or public housing authority whatsoever shall build or erect, 
or commence to so do, any publicly owned housing or any low-cost slum 
clearance public housing in Grecmvood County without such project having 
first been approved in writing by a majority of the members of the House of 
Representatives and the Senator in the General Assembly from Greenwood 
County. 

1951 (47) 343. 



287 



Title 37. 
Insurance.* 

Chap. 1. General Provisions, §§ 37-1 to 37-3. 

2. Insurance Department, §§ 37-51 to 37-84. 

3. Insurance Companies, Brokers and Agents Generally, §§ 37-101 to 

37-295. 

4. Domestic Mutual Insurers, §§ 37-351 to 37-426. 

5. Accident and Health Insurance, §§ 37-451 to 37-551. 

6. Surety Companies, §§ 37-601 to 37-617. 

7. Fire, Marine and Inland Marine and Casualty and Surety Rates, 

§§37-651 to 37-752. 

8. Reciprocal Insurance. §§ 37-801 to 37-817. 

9. Fraternal Benefit Associations, §§ 37-851 to 37-975. 

10. Mutual Benevolent Aid Associations. §§ 37-1001 to 37-1006. 

11. Non-Profit Hospital Service Plan. §§ 37-1051 to 37-1074. 

12. Medical Service Corporations, §§ 37-1101 to 37-1127. 

13. Firemen's Insurance and Inspection Fund, §§ 37-1151 to 37-1168. 

14. Unfair Practices, §§ 37-1201 to 37-1223. 



CHAPTER 1. 
General Provisions. 



Sec. 

37-1. Short title. 

37-2. Definitions. 

37-3. Insurance defined. 



* As to corporations generally, see Title 12. As to suits against insurance companies, 
see §§ 10-307 to 10-309. As to service of process on foreign insurance companies, see 
§ 10-425. As to service of process on unauthorized insurer, see §§ 10-426 to 10-426.2. As 
to service on fraternal benefit associations, see § 10-427. As to classes of directors which 
an insurance corporation may have, see § 12-352. As to insurance and self-insurance 
under Workmen's Compensation law, see §§ 72-401 to 72-426. As to requirements for 
insurance for motor vehicle carriers, see §§ 58-14S1 to 58-1484. As to fire protection pro- 
vision in hotels, see §§ 35-111 to 35-115. As to deductions from compensation of State 
employees for group life and hospital insurance, see § 1-49. As to insurance of products 
on storage in the State Warehouse System, see §§ 69-122 to 69-131. As to burning 
property to defraud insurer, see § 16-313. As to surety bonds in judicial proceedings, see 
§ 10-23. As to insurance, fraternal and beneficial or mutual protection associations or 
companies exempt from license fees of corporations, see § 65-615. As to tax imposed on 
insurance companies, see §§ 65-931 to 65-936. As to returns of insurance companies, see 
§§ 65-65, 65-1721. As to insurance companies excepted from making reports to Tax 
Commission as required by § 12-732, see § 12-732.1. 

[4 SC Code] — 19 2S9 



§ 37-1 Code of Laws of South Carolina § 37-3 

§ 37-1. Short title. 

This title may be cited and shall be known as "The Insurance Law." 

1947 (45) 322. 

Editor's note. — All cases appearing in the guage of the present section is substantially 

annotations to this Title construe the pro- the same as the former provision, in the 

visions of former statutes. Such construe- belief that they well be of value to the 

tions have been included where the Ian- practitioner. 

§ 37-2. Definitions. 

In this Title, unless the context otherwise requires: 

(1) "Commissioner," "Insurance Commissioner'' or "Commissioner of Insur- 
ance" means the Insurance Commissioner of South Carolina ; 

(2) "Department" means the Department of Insurance of South Carolina; 

(3) "Company," "companies," "insurance company," "insurance companies" or 
"insure)-" shall be deemed to include any corporation, fraternal organization, 
burial association, other association, partnership, society, order, individual or 
aggregation of individuals engaging or proposing or attempting to engage 
as principals in any kind of insurance or surety business, including the ex- 
changing of reciprocal or inter-insurance contracts between individuals, part- 
nerships and corporations ; and 

(4) "Domestic company" means a company incorporated or organized under 
the laws of this State ; 

(5) "Foreign company" means a company incorporated or organized under 
the laws of the United States or of any jurisdiction within the United States 
other than this State or a company incorporated or organized under the laws 
of any jurisdiction outside of the United States. 

1947 (-45) 322. 

§ 37-3. Insurance defined. 

Insurance is a contract whereby one undertakes to indemnify another or pay 
a specified amount upon determinable contingencies. 

1947 (45) 322. 



CHAPTER 2. 

Insurance Department. 

Article 1. Sec. 

General Provisions. 37-55. Chief actuary, 

j. 37-56. Other deputies, actuaries, examiners 

and employees. 
37-51. Department estabhshed; general du- 37 _ S7 Sea[ of Departmenti 

,- -t t r- • • 1 .• 37-5S. General powers and duties of Com- 

j/-52. Insurance Commissioner; election, . . ' 



term, qualifications and compensa- 



missioner. 



t j on 37-59. By whom examinations, investiga- 

37-53. Bond and oath of Commissioner. tions and hearings conducted. 

37-54. Deputy Commissioner; appointment, 37-60. Notices of hearings. 

term, discharge, bond, compensa- 37-61. Summoning witnesses; contempt; 

tion and duties. perjury. 

290 [4SCCode] 



§37-51 



Insurance 



§ 37-53 



Sec. 

37-62. When order of Commissioner re- 
quired to be in writing. 

37-63. Appeal for court review of orders 
and decisions. 

37-64. Commencement of proceedings for 
review as stay. 

37-65. Filing transcript and hearing in re- 
view. 

37-66. Power of court on review. 

37-67. Appeals to Supreme Court. 

37-68. Office of Commissioner a public of- 
fice. 

37-69. Certificates, etc., of Commissioner as 
evidence. 

37-70. Commissioner's certificate as evi- 
dence of authority to do business. 

37-71. Recording documents executed by 
Commissioner. 



Sec. 

37-72. Reports and recommendations of 
Commissioner. 

Article 2. 

Prevention and Investigation 

of Fires by Department 

and Municipalities. 

37-81. Inspecting and ordering correction 
of inflammable conditions. 

37-82. Appeal from order as to such condi- 
tions. 

37-83. Examinations of fires to be made by 
Department; arrests for arson. 

37-84. Power to enter premises when fire 
has occurred. 



Article 1. 
General Provisions. 

§ 37-51. Department established ; general duties. 

There is hereby established a separate and distinct department of the State 
government, to be known as the Department of Insurance which shall be 
charged with the enforcement and execution of the laws relating to insurance 
and other subjects which may be placed under the supervision of this De- 
partment by the laws of this State. 

1947 (45) 322. 

§ 37-52. Insurance Commissioner; election, term, qualifications and compensa- 
tion. 

The chief officer of the Department of Insurance shall be known as the 
Insurance Commissioner. The Commissioner shall be elected by the General 
Assembly for a term of four years and his term of office shall begin on the 
first day of July next after his election and shall continue for four years or 
until his successor is elected and qualified. If a vacancy occurs during the 
term the Deputy Commissioner shall serve as Commissioner until the next 
session of the General Assembly, at which time an election shall be held to 
fill the office for a full four year term. The Commissioner shall have no in- 
terest in any insurance company or any insurance agency in this State or 
in any other State during the term of his office. He shall receive such com- 
pensation as shall be fixed by the General Assembly. 

1947 (45) 322. 



§ 37-53. Bond and oath of Commissioner. 

Every person elected as Commissioner shall, before entering upon or con- 
tinuing to discharge the duties of his office, take the same oath of office as 
now required of other State officers, and give bond to the State, in the sum 
of twenty-five thousand dollars with sufficient surety, to be approved by the 

291 



§37-54 Code ov Laws of South Carolina §37-58 

State Treasurer, for the faithful performance of all the duties required of him 
under the law during the term of his office. The premium of such bond shall 
be paid by the State. 
1947 (45) 322. 

§37-54. Deputy Commissioner; appointment, term, discharge, bond, compen- 
sation and duties. 

The Commissioner shall employ and appoint a Deputy Commissioner, who 
may, during the Commissioner's absence or inability to act for any cause, 
perform any and all the duties of the Commissioner. The Deputy Commis- 
sioner shall hold office for a term not longer than that of the Commissioner 
appointing him and his appointment may be terminated by the Commissioner 
at any time. The Deputy Commissioner in the exercise of his powers and 
the performance of his duties hereunder shall be subject to the same require- 
ments, restrictions and qualifications as the Commissioner. He shall furnish 
bond for the faithful performance of his duties in the same amount as required 
by law to be furnished by the Commissioner and the premium for such bond 
shall be paid by the State. The Deputy Commissioner shall receive such 
compensation as shall be fixed by the General Assembly. 

1947 (45) 322. 

Cross reference. — As to Deputy Insur- 
ance Commissioner as securities commis- 
sioner, see § 62-3. 

§ 37-55. Chief actuary. 

The Commissioner shall appoint and may remove at his discretion a chief 
actuary, who shall receive such compensation as shall be fixed and provided 
for by the General Assembly. 

1947 (45) 322. 

§ 37-56. Other deputies, actuaries, examiners and employees. 

The Commissioner shall appoint or employ and may remove at his dis- 
cretion such other assistant deputies, actuaries, examiners, clerks and other 
employees as may be found necessary for the proper execution of the work 
of the Department. 

1947 (45) 322. 

§ 37-57. Seal of Department. 

The Commissioner shall have a seal with a suitable inscription, an im- 
pression of which shall be filed with the Secretary of State. 

1947 (45) 322. 

§ 37-58. General powers and duties of Commissioner. 

The Commissioner shall : 

(1) See that all laws of this State governing insurance companies or relat- 
ing to the business of insurance are faithfully executed and to that end he may 
make rules and regulations, not inconsistent with law, to enforce, carry out 

292 



§ 37-59 Insurance § 37-61 

and make effective the provisions of this Title and may likewise, from time to 
time, withdraw, modify or amend any such regulation ; 

(2) Furnish to the companies required by law to report to him the nec- 
essary blank forms for the statement required, which forms may be changed 
by him from time to time when necessary to secure full information as to 
the standing, condition and such other information desired of such companies 
under the Insurance Department ; 

(3) Institute and prosecute criminal violations of any of the laws relative 
to insurance companies or the business of insurance or violations of any of 
the provisions of this Title and report to the Attorney General any violation of 
the laws relative to insurance companies or the business of insurance which he 
may deem necessary so to report and the Attorney General shall institute civil 
action for such violations, either by himself or through such other attorney as 
the Attorney General may select ; and 

(4) Administer by himself, his deputy or his assistant deputies all oaths 
required in the discharge of his official duty. 

1947 (45) 322; 1949 (461 600. 

§ 37-59. By whom examinations, investigations and hearings conducted. 

All examinations and investigations provided by this Title may be conducted 
by the Commissioner personally or by the Deputy Commissioner or by one 
or more of the assistant deputies and all hearings shall be held by the Commis- 
sioner or Deputy Commissioner. 

1947 (451 322. 

§ 37-60. Notices of hearings. 

All hearings, unless otherwise specifically provided, shall be held at such 
time and place as shall be designated in a notice which shall be given by the 
Commissioner in writing, to the person cited to appear, at least ten days 
before the date designated therein. The notice shall state the subject of the 
inquiry and specific charges, if any. It shall be sufficient to give such notice 
either by delivering it to such person or by depositing it in the United States 
mail, postage prepaid, addressed to the last known place of business of such 
person and registered with return receipt requested. 

1947 (45) 322. 

§ 37-61. Summoning witnesses ; contempt ; perjury. 

The Commissioner, the Deputy Commissioner and assistant deputies ap- 
pointed to conduct examinations, may summon and compel the attendance 
of witnesses to testify in relation to any matter which is by the provisions of 
this Title a subject of inquiry and investigation. The Commissioner shall 
have the power of a circuit judge to punish for contempt any witness fail- 
ing to answer any summons or failing or refusing to testify when so required. 
The Commissioner, Deputy Commissioner and assistant deputies may also 
administer oaths and affirmations to persons appearing as witnesses before 

293 



§37-62 Code of Laws of South Carolina §37-65 

them and false swearing in any matter or proceeding aforesaid shall be 
deemed perjury and shall be punished as such. 
1947 (45) 322. 

§ 37-62. When order of Commissioner required to be in writing. 

Whenever by any provision of this Title the Commissioner is authorized to 
grant any approval, authorization or permission or make any other order 
affecting any insurer, agent, broker or other person subject to the provisions 
of this Title, such order shall not be effective unless made in writing and 
signed by the Commissioner or by his authority. 

1947 (45) 322. 

§ 37-63. Appeal for court review of orders and decisions. 

Any order or decision made, issued or executed by the Commissioner or the 
Deputy Commissioner shall be subject to review in the circuit courts of this 
State on petition by any person aggrieved filed within thirty days from the 
date of the delivery of a copy of the order or decision to such person. A copy 
of such petition for review as filed with and certified by the clerk of the cir- 
cuit court shall be served upon the Commissioner or Deputy Commissioner 
within five days after the filing thereof. If such petition for review is not filed 
within said thirty day period the parties aggrieved shall be deemed to have 
waived the right to have the merits of the order or decision reviewed and 
there shall be no trial of the merits thereof by any court to which applica- 
tion may be made, by petition or otherwise, to enforce or restrain the enforce- 
ment of the order or decision. 

1947 (45) 322. 

Former provision held constitutional. — Remedy under former statute was not 

As to former provision held not exclusive adequate remedy at law such as to prevent 

and not violative of due process clause of the equitable jurisdiction of the Federal 

U. S. Constitution as denying appeal to courts. Firemen's Ins. Co. v. King, 54 F. 

Federal courts, see King v. ;£tna Ins. Co., (2d) 941 (1929). 
168 S. C. 84, 167 S. E. 12 (1932). 

§ 37-64. Commencement of proceedings for review as stay. 

The commencement of proceedings under § 37-63 shall not operate as a 
stay of the Commissioner's order or decision unless so ordered by the court 
and in the event of an appeal from an order to make good an impairment of 
capital or surplus or a deficiency in the amount of admitted assets the court 
shall not so order. 

1947 (45) 322. 

§ 37-65. Filing transcript and hearing in review. 

The Commissioner shall, within thirty days after the service of the copy 
of the petition for review upon him or the Deputy Commissioner unless the 
lime be extended by order of court, prepare and file with the clerk of the court 
a complete transcript of the record of the hearing, if any. and a true copy of 
the order or decision duly certified. The cause shall be heard by the court as 
a civil case upon such transcript of the record. The court shall hear and dcter- 

294 



§37-66 Insurance §37-71 

mine such petition with all convenient speed. If on the hearing before the 
court it shall appear that the record filed by the Commissioner is incomplete, 
the court may by appropriate order direct the Commissioner to certify any or 
all parts of the record so omitted. 
1947 (45) 322. 

§ 37-66. Power of court on review. 

The court shall have jurisdiction to review the facts and the law and to 
affirm, modify or set aside the order or decision of the Commissioner and to 
restrain the enforcement thereof. 

1947 (45) 322. 

§ 37-67. Appeals to Supreme Court. 

Appeals from all final orders and judgments entered by the circuit court 
in reviewing the orders and decisions of the Commissioner may be taken to 
the Supreme Court by any party to the action as in other civil cases. 

1947 (45) 322. 

§ 37-68. Office of Commissioner a public office. 

The office of the Commissioner shall be a public office and the records, re- 
ports, books and papers thereof on file therein shall be accessible to the in- 
spection of the public, except as the Commissioner, for good reasons, may 
decide otherwise or except as may be otherwise provided in this Title. 

1947 (45) 322. 

§ 37-69. Certificates, etc., of Commissioner as evidence. 

Every certificate or other paper executed by the Commissioner in pur- 
suance of any authority conferred upon him by law and sealed with the seal 
of his office and all copies of papers certified by the Commissioner and au- 
thenticated by his seal may in all cases be used as evidence, in any suit or 
proceeding in any court of this State, such copies equally and in like manner as 
the original thereof and with the same force and effect as the originals would 
have. 

1947 (45) 322. 

§ 37-70. Commissioner's certificate as evidence of authority to do business. 

In any case or controversy arising in any court of original jurisdiction with- 
in this State wherein it is necessary to establish the question as to whether 
any insurance or other company or agent thereof is or has been licensed by 
the Department to do business in this State, the certificate of the Commis- 
sioner under the seal of his office shall be admissible in evidence as proof of 
such corporation or agent's authority as conferred by the Department. 

1947 (45) 322. 

§ 37-71. Recording documents executed by Commissioner. 

Ever)' certificate, assignment or conveyance executed by the Commissioner 
in pursuance of any authority conferred on him by law and sealed with his 

295 



■ 



§37-72 Code of Laws of South Carolina §37-82 

seal of office may be recorded in the proper recording office in the same man- 
ner and with like effect as a deed regularly acknowledged or proved before 
any officer authorized by law to take the probate of deeds. 
1947 (45) 322. 

§ 37-72. Reports and recommendations of Commissioner. 

The Commissioner shall annually submit to the General Assembly, through 
the Governor, a report of his official acts and doings, together with a report 
of all insurance companies under his Department doing business in this State, 
with condensed statements of their reports made to him, together with a state- 
ment of all licenses, taxes and fees received by him through such companies 
and paid by him to the State Treasurer. The Commissioner shall, from time 
to time, report to the General Assembly any change which in his opinion 
should be made in the laws relating to insurance and other subjects pertain- 
ing to his Department. On or before the first day of February he shall make 
to the Governor the recommendations called for in this section, to be trans- 
mitted to the General Assembly with the last annual report of the Depart- 
ment, including a statement of its receipts and disbursements. 

1947 (45) 322. 

Article 2. 
Prevention and Investigation of Fires by Department and Municipalities. 

§ 37-81. Inspecting and ordering correction of inflammable conditions. 

The Commissioner. Deputy Commissioner, assistant deputy, chief of the 
fire department or chief of the police or intenclant when there is no chief 
of the fire department and the county sheriff may at all reasonable hours, for 
the purpose of examination, enter into and upon all buildings and premises 
within their jurisdiction and whenever any of such officers shall find in any 
building or upon any premises combustible material or inflammable con- 
ditions dangerous to the safety of such building or premises they shall order 
the same to be removed or remedied and such order shall be forthwith com- 
plied with by the owner or occupant of such building or premises. The Com- 
missioner, Deputy Commissioner, any assistant deputy, the fire chief or 
chief of police or the county sheriff shall make an immediate investigation 
as to the presence of combustible material or the existence of inflammable 
conditions in any building or upon any premises under their jurisdiction upon 
complaint of any person having an interest in such building or in premises or 
property adjacent thereto and any one failing to comply with the orders of 
the authorities specified shall be punished by a fine of not more than fifty dol- 
lars for each day's neglect. 

1947 (45) 322. 

Cross reference. — As to prevention of 
fires generally in municipal corporations, 
see §§47-1151 to 47-1261. 

§ 37-82. Appeal from order as to such conditions. 

If the owner or occupant of any such building or premises shall deem him- 

296 



§ 37-83 Insurance § 37-84 

self aggrieved by an order issued pursuant to § 37-81 he ma}-, within twenty- 
four hours, appeal to the Commissioner and the cause of the complaint shall 
be at once investigated by the direction of the latter and unless by his author- 
ity the order complained of is revoked such order shall remain in force and be 
forthwith complied with by such owner or occupant. 
1947 (45) 322. 

§ 37-83. Examinations of fires to be made by Department; arrests for arson. 

The Commissioner shall examine or cause examinations to be made, either 
personally or by the Deputy Commissioner or an assistant deputy into the 
cause, circumstances and origin of all fires occurring within the State to 
which his attention is called, by which property is accidentally or unlawfully 
burned, destroyed or damaged, whenever in his judgment the evidence war- 
rants, and he shall specially examine and decide whether the fire was the 
result of carelessness or the act of an incendiary. The Commissioner, Deputy 
Commissioner or assistant deputy shall, when in his opinion such proceedings 
are necessary, take or cause to be taken the testimony, on oath, of all per- 
sons supposed to be cognizant of any facts or to have means of knowledge in 
relation to the matter as to which an examination is herein required to be 
made and shall cause such testimony to be reduced to writing. And if he 
shall be of the opinion that there is evidence sufficient to charge any person 
with the crime of arson he shall cause such person to be arrested and charged 
with such offense and shall furnish to the solicitor of the circuit all such 
evidence, together with the names of witnesses and all the information ob- 
tained by him, including a copy of all pertinent and material testimony in 
the case. 

1947 (451 322. 

§ 37-84. Power to enter premises when fire has occurred. 

The Commissioner, Deputy Commissioner and assistant deputies may at 
all times in performance of the duties imposed by the provisions of this Title 
enter upon and examine buildings or premises where any fire has occurred 
and other buildings and premises adjoining or near them in all investigations 
to be held by or under the direction of the Commissioner, Deputy Commis- 
sioner or any assistant deputy. 

1947 (45) 322. 



297 



Code of Laws or South Carolina 



CHAPTER 3. 
Insurance Companies, Brokers and Agents Generally. 



Article 1. 

Certificates of Authority and 

Other Requirements for 

Doing Business. 

Sec. 

37-101. All insurance companies to be li- 
censed and supervised. 

37-102. Certificate not granted until com- 
pany duly qualified. 

37-103. Oath of compliance with law pre- 
requisite to license. 

37-104. Payment of taxes and performance 
of duties condition precedent to 
doing business. 

37-105. Appointment of Commissioner as 
agent for service of process. 

37-106. Determination of adequacy of re- 
serves. 

37-107. Requirements for issue of certificate 
to foreign companies. 

37-108. Foreign companies witli names simi- 
lar to others not to be qualified. 

37-109. Foreign fire insurance companies to 
comply with Title. 

37-110. Approval of charters of new com- 
panies or qualifications of foreign 
companies. 

37-111. Collections and adjustments for 
companies not licensed; fee. 

37-112. Revocation or suspension of license; 
publication of notice thereof. 

37-113. Opportunity for hearing. 

37-114. Funds not paid during suspension 
• without consent. 

37-1 IS. Injunction or receivership. 

Article 2. 

License Fees of Companies. 

37-121. Annual fixed license fees; collec- 
tion and disposition. 
37-122. Two per cent graded license fees on 

foreign life insurance companies. 
37-123. Reduction of such fees on account 

of local investments. 
37-124. Two per cent graded license fee on 

other foreign insurance companies. 
37-125. Reduction of such fees on account 

of local investments. 
37-126. One half such fees distributable to 

counties in lieu of county fees. 
37-127. Returns and collection of tax. 
37-128. One per cent graduated license fee 

on foreign companies. 
37-120. Disposition of such fees. 
37-130. One hundred dollar license fee for 

foreign companies. 



37- 
37- 
37- 
37- 
37- 
37- 



37- 
37- 



141, 
142 
143 
144. 
145 
146 



147 
148 



Sec. 
37-131. License fees for employers paying 

their employees sick and death 

benefits. 
37-132. Increase of fees, etc., to those 

charged by other states. 
37-133. Municipal license fees and taxes. 
37-134. Expiration date of licenses. 



Article 3. 

Conduct of Business Generally. 

. What contracts deemed made in 

State. 
, No contracts to be made except 

under this Title. 
. Companies must do business in own 

name; combination policy. 
. Circulation of false or misleading 

information. 
, Certain inducements not to be of- 
fered. 
. Whole contract, including applica- 
tion, to appear in policy; oral ap- 
plication; exceptions. 
. Discrimination prohibited. 
. Punishment and revocation of li- 
cense for discrimination. 
. Making loans on real estate mort- 
gages lawful. 
.1. Investments in farm loan bonds. 
2. Investments in certain other secur- 
ities. 
Tontine, etc., policies prohibited. 
. When such contracts may be writ- 
ten. 
Reserve to be maintained on such 

policies. 
Limitation of risk. 
Maximum amounts of policies; 
stated values; company contribu- 
tions. 
Same; exceptions for manufacturing 

property and replacement riders. 
Clauses invalidating policies if prop- 
erty encumbered are void. 
Additional or coinsurance clause. 
Group plans. 

Insuring persons not insurable. 
Premiums on insurance as security 

for loan not usurious. 
When policies become incontesta- 
ble; exceptions. 
. Proceedings to contest policy. 
Accepting premiums in insolvent 
company. 
. Doing business when charter can- 
celed or surrendered unlawful. 



37-149 



37- 
37- 

37- 
37- 



149 
149 

150 
151 



37-152 



37- 
37- 



37- 

37- 

37- 
37- 
37- 
37- 



153 
154 



155, 

156 

157 
158 
159, 
160, 



37-161 



37 
37- 



162 
163 



37-164 



293 



Insurance 



37-165. Liability when charter canceled or 
surrendered; service of process. 

37-166. Proof of loss forms required to be 
furnished. 

37-167. Presenting false claims for payment. 

37-168. Payment of benefits in merchandise 
or service prohibited. 

37-169. Policy for wife and children not sub- 
ject to claims of husband's credi- 
tors. 

37-170. Forms must be approved by Com- 
missioner. 

Article 3.1. 
Connections with Undertakers Prohibited. 

37-176. Life companies and employees not 
to operate undertaking business. 

37-177. Companies not to contract with 
undertakers for funerals. 

37-178. Undertakers, etc., not to act as 
agents for life insurance company. 

37-179. Penalties. 

Article 4. 
Financial Matters. 

37-181. Capital required of stock companies. 

37-182. Surplus required of mutual com- 
panies. 

37-1S3. Exceptions for companies qualified 
prior to May 12 1947. 

37-184. Bond or securities required; suits 
on bond. 

37-1S5. Companies may make deposits to se- 
cure policyholders. 

37-1S6. Return of deposit. 

37-187. Enforcing trust created by deposit. 

37-188. Unearned premium reserves. 

37-1S9. Same: loss reserves. 

37-190. Valuation of securities of insurance 
companies. 

37-191. Procedure when company fails to 
pay final judgment. 

37-192. Commissioner as receiver. 

37-193. Fire insurance company claiming 
lien must establish solvency. 

Article S. 
Insurance Brokers. 

37-201. Insurance broker defined. 

37-202. Qualifications of brokers. 

37-203. Issue of licenses to brokers. 

37-203.1. Additional requirement for non- 
resident. 

37-204. Revocation of license of broker. 

37-205. Expiration date of brokers' licenses. 

37-205. Broker's license fees to be paid into 
State Treasury. 

37-207. Division of such fees. 



Sec. 

37-208. Effect of broker's license; municipal 
license fees. 

37-209. Duties of brokers; statements, re- 
ports, etc. 

37-210. Placing insurance with unqualified 
companies. 

37-211. Brokers may divide commissions. 

37-212. Adjustment of losses; inspections 
and endorsements. 

37-213. Penalties for violating article. 



37-221. 
37-222. 
37-223. 
37-224. 

37-225. 
37-226. 



37-231. 
37-232. 



37-233. 
37-234. 

37-235. 
37-236. 

37-237. 

37-238. 

37-239. 

37-240. 
37-241. 
37-242. 

37-243. 

37-244. 

37-245. 

37-246. 

37-247. 
37-248. 
37-249. 



Article 6. 
Insurance Adjusters. 

Licenses required for adjusters. 

Fees for adjusters' licenses. 

Revocation of license. 

Expiration date for adjusters' li- 
censes. 

Adjusters represent the companies. 

Adjuster acting for unauthorized 
company. 

Article 7. 
Agents Generally. 

License required. 

License to foreign company permits 
appointment of agents; Commis- 
sioner to be notified. 

Who deemed agents of insurance 
companies. 

Applicants to be vouched for by com- 
panies; procedure when agent's 
contract canceled. 

Fees for agents' licenses. 

Examination for agent's license; 
when not required. 

Examination of agents for special 
types of insurance. 

Consultation with industry as to 
type of examination. 

Agents under bond and salaried em- 
ployees. 

When agents' licenses expire. 

Revocation or suspension of license. 

Licenses not renewable if used pri- 
marily for personal coverage. 

Medical examiners of companies ex- 
empt from license fee. 

Agent failing to exhibit license. 

Acting without license or otherwise 
violating insurance laws. 

Nonresident agents forbidden; ex- 
ception. 

Resident agents required; excep- 
tions. 

Penaltv against company for viola 
tion of § 37-247. 

Representing unlicensed company 
prohibited. 



299 



§ 37-101 



Insurance 



§37-103 



Sec. 

37-250. When agents personally liable on 
contracts of unauthorized com- 
panies. 

37-251. Payment of premium to agent valid; 
obtaining by fraud. 

37-252. Agents signing certain blank poli- 
cies. 

37-253. Other offenses by agents. 

37-254. Splitting commissions with unli- 
censed persons. 

Article 8. 

Uniform Unauthorized 
Insurance Act. 

37-261. Acting as agent for unauthorized 
insurer prohibited. 

37-262. Aiding unauthorized insurer pro- 
hibited. 

37-263. Insurance on out-of-state property 
by insurer not locally authorized. 

37-264. Exemptions from §§ 37-261 to 37- 
263. 

37-265. Commisisoner agent for service of 
process on unauthorized insurers. 

37-266. Blank. 

37-267. Actions by unauthorized insurers. 

37-268. Prerequisites to pleading by un- 
authorized insurer. 

37-269. Blank. 

37-270. Motion to quash in such suit. 

37-271. Criminal penalty for violation of 
certain provisions. 

37-271.1. Civil penalty for violation of cer- 
tain provisions. 



Sec. 

37-272 



37-281. 
37-282. 

37-283. 

37-284. 

37-285. 
37-286. 

37-287. 

37-288. 

37-2S9. 
37-290. 

37-291. 

37-292. 

37-293. 

37-294. 

37-295. 



Revocation of license for failure to 
pay civil penalty. 

Article 9. 

Examinations, Investigations, 
Records and Reports. 

Examinations of companies. 

Access to books, papers, etc.; exam- 
ining officers, etc. 

Remedies for refusal to submit to 
inspection or pay expenses. 

Opportunity for hearing on report 
of examination; when report be- 
comes public. 

Hearing and action thereon. 

Other powers to revoke or suspend 
license not affected. 

Investigation of charges; company 
to pay expenses. 

Expenses of investigations, etc., to 
be paid by insurance companies; 
tax levy. 

Publication of assets and liabilities. 

Record of business; Commissioner 
may inspect. 

Books and papers required to be ex- 
hibited. 

Returns as to reinsurance by com- 
panies; effect of refusal. 

Annual statement to be filed with 
Commissioner. 

Commissioner may require special 
reports. 

Penalty for making false statement. 



Article 1. 
Certificates of Authority and Other Requirements for Doing Business. 

§ 37-101. All insurance companies to be licensed and supervised. 

Every insurance company doing business in this State shall be licensed 
and supervised by the Commissioner. 

1947 (45) 322. 

§ 37-102. Certificate not granted until company duly qualified. 

Before granting a certificate of authority to an insurance company to issue 
policies or make contracts of insurance or annuities, the Commissioner shall 
be satisfied, by such examination and evidence as he sees fit to make and re- 
quire, that the company is otherwise duly qualified under the laws of the 
State to transact business therein. 

1947 (45) 322. 



§ 37-103. Oath of compliance with law prerequisite to license. 

Before issuing a license to any insurance company to transact the business 
of insurance in this State, the Commissioner shall require, in every case, in 

300 



§ 37-104 Insurance § 37-106 

addition to the other requirements provided by law, that the company file 
with him the affidavit of its president or other chief officer that it has not 
violated any of the provisions of this Title for the space of twelve months 
past and that it accepts the terms and obligations of this Title as a part 
of the consideration of the license. 
1947 (45) 322. 

Removal of cause to Federal court. — constitutional right of removal to the Fed- 
This section is ineffectual to deprive a for- eral court. DeTreville v. McMahan, 137 
eign insurance company from exercising its S. C. 388, 135 S. E. 356 (1926). 

§ 37-104. Payment of taxes and performance of duties condition precedent 
to doing business. 

Every insurance company shall, as a condition for the privilege of enter- 
ing into and doing business in this State, pay all taxes and perform all duties 
now or hereafter prescribed by law. 

1947 (45) 322. 

§ 37-105. Appointment of Commissioner as agent for service of process. 

Every insurance company shall, before being licensed, appoint in writing 
the Commissioner and his successors in office to be its true and lawful attor- 
ney upon whom all legal process in any action or proceeding against it shall 
be served and in such writing shall agree that any lawful process against it 
which is served upon such attorney shall be of the same legal force and va- 
lidity as if served upon the company and that the authority shall continue 
in force so long as any liability remains outstanding in the State. Copies 
of such appointment, certified by the Commissioner, shall be deemed suffi- 
cient evidence thereof and shall be admitted in evidence with the same force 
and effect as the original thereof might be admitted. 

1947 (45) 322. 

Section is exclusive. — Service on foreign Montgomery v. United States Fidelity & 

insurance companies as provided for in this Guaranty Co.. 90 S. C. 283, 71 S. E. 1084, 

section is exclusive, and service made in 73 S. E. 182 (1912), had been repealed, 
any other way upon such corporation is in- This section is exclusive and service made 

valid. Any holding in the case of Lucas v. in any other way upon such corporations is 

North Carolina Mut. Life Ins. Co., 184 invalid. Mobley v. Bland & Pennsylvania 

S. C. 119, 191 S. E. 711 (1937), to the con- Cas. Co., 200 S. C. 448. 21 S. E. (2d) 22 

trary is hereby expressly overruled. Mur- (1942). 

rav v. Sovereign Camp, W.O.W., 192 S. C. Venue. — See Campbell v. Mutual Benefit 

101, 5 S. E. (2d) 560 (1939), wherein the Health & Acci. Ass'n, 161 S. C. 49, 159 

court noted that the statute construed in S. E. 490 (1931). 

§ 37-106. Determination of adequacy of reserves. 

Before granting a license to any insurance company to do business in this 
State the Commissioner shall determine that the reserves of such company 
are adequate for the protection of policyholders of this State. In the case 
of a company organizing under the laws of this State the Commissioner shall 
determine that the reserve basis to be used by such company will be ade- 
quate for the protection of policyholders of this State. 

1947 (45) 322. 

301 



§37-107 Code of Laws of South Carolina §37-112 

§ 37-107. Requirements for issue of certificate to foreign companies. 

Before granting a certificate of authority to do business in this State to any- 
foreign insurance company, the Commissioner shall be satisfied by proper 
evidence that such applicant for a license is duly qualified to do business 
under the laws of this State ; that it is safe and solvent ; that its dealings 
are fair and equitable; and that it conducts its business in a manner not con- 
trary to the public interests. 

1947 (45) 322. 

§ 37-108. Foreign companies with names similar to others not to be qualified. 

No foreign insurance company shall be domesticated or licensed to do busi- 
ness in this State when the name thereof is identical with that of any active 
insurance company previously domesticated, licensed or chartered to do 
business in this State which has engaged in business therein for one year or 
more, nor shall any such insurance company be domesticated or licensed to 
do business in this State when the name thereof is so nearly similar to any 
such company as to lead to confusion and uncertainty. 

1947 (45) 322. 

§ 37-109. Foreign fire insurance companies to comply with Title. 

No foreign company carrying on a fire insurance business shall hereafter 
engage in, carry on or do any fire insurance business in this State save and 
except upon compliance with the conditions in this Title imposed, as well 
as all other conditions imposed by law. 

1947 (45) 322. 

§37-110. Approval of charters of new companies or qualifications of foreign 
companies. 

It shall be unlawful for the Secretary of State to issue any charter to any 
insurance company of whatever kind or permit any foreign insurance com- 
pany to do business within this State without the written approval of the 
Commissioner. 

1947 (45) 322. 

§ 37-111. Collections and adjustments for companies not licensed; fee. 

For the convenience of policyholders in this State of any insurance company 
not licensed to do business in this State and upon satisfactory assurance 
being given that no new business will be done by any person for such com- 
pany, the Commissioner may license any person to receive and transmit pre- 
miums to such company and to adjust losses under policies of such company 
upon the payment of two per cent upon the net premiums collected in this 
State. 

1947 (45) 322. 

§ 37-1 12. Revocation or suspension of license ; publication of notice thereof. 

If the Commissioner is of the opinion upon examination or other evidence 
that a company is in an unsound condition, that it has failed to comply with 

302 



§37-113 Insurance §37-115 

the law or with the provisions of its charter, that its condition is such as to 
render its proceedings hazardous to the public or to its policyholders or that 
the true value of its assets, if it is a life insurance company, are less than 
its liabilities, exclusive of its capital or if the officers or agents of a company 
refuse to submit to examination or to perform any legal obligation relative 
thereto, the Commissioner shall revoke or suspend all certificates of authority 
granted to such company, its officers or agents and shall cause notices there- 
of to be published in a newspaper of general circulation in this State and no 
new business shall thereafter be done by such company or its agents in this 
State while such default or disability continues, nor until its authority to do 
business is restored by the Commissioner. 
1947 (45) 322. 

Discretion of Commissioner. — Where ed, whereupon the Commissioner refused to 

the relator sued a foreign insurance com- revoke the license, his right so to act was 

pany, which removed the cause to the Fed- discretionary, and the relator had no such 

eral court, and on complaint hy the relator interest in the matter as entitled him to 

to the Commissioner an order to show maintain mandamus against the Commis- 

cause why the company's license should not sioner to compel him to revoke the license, 

be revoked was issued, and on return of State v. McMaster, 94 S. C. 379, 77 S. E. 

such order the company showed that the 401 (1912), affirmed in 237 U. S. 63, 35 S. Ct. 

removal was a mistake and without any in- 504, 59 L. Ed. 839 (1915); State v. McMas- 

tention on its part to violate the law, and ter, 95 S. C. 476, 79 S. E. 405 (1913). 
offered to consent that the case be remand- 

§37-113. Opportunity for hearing. 

Unless the grounds for revocation relate only to the financial condition or 
soundness of the company or to a deficiency in its assets the Commissioner 
shall notify the company not less than thirty days before revoking its author- 
ity to do business in this State and he shall specify in the notice the particu- 
lars of the alleged violation of the law or its charter or grounds for revocation 
and a proper opportunity shall be offered such company to be heard in answer 
thereto. 

1947 (45) 322. 

§ 37-114. Funds not paid during suspension without consent. 

During the time of the suspension of the certificate of authority no domestic 
company or officer thereof shall pay out any funds belonging to such com- 
pany without first receiving the consent and approval of the Commissioner 
thereto. 

1947 (45) 322. 

§ 37-115. Injunction or receivership. 

If he deems it necessary, the Commissioner shall apply to a judge of the 
circuit court to issue an injunction restraining a domestic company whose 
certificate of authority has been suspended, in whole or in part, from pro- 
ceeding further with its business. The judge may issue the injunction forth- 
with and, upon notice and after a full hearing of the matter, may (a) dis- 
solve or modify the injunction or make it permanent, (b) make all orders and 
judgments needful in the matter and (c) appoint agents or a receiver to take 

303 



§37-121 Code of Laws of South Carolina §37-123 

possession of the property and effects of the company and to settle its af- 
fairs subject to such rules and orders as the court from time to time pre- 
scribes. 

19-17 (45) 322. 

Article 2. 

License Fees of Companies. 

§ 37-121. Annual fixed license fees ; collection and disposition. 

The Commissioner shall collect, in addition to all other license fees or taxes 
provided by law, from all companies which shall be licensed by him to do 
business in this State the following annual license fees, to wit : 

(1) From each life insurance company doing business on a legal reserve 
basis, the sum of fifty dollars per annum ; 

(2) From each fire company, the sum of forty dollars ; 

(3) From each accident, casualty or surety company, the sum of forty 
dollars ; 

(4) From each company doing exclusively a marine business, the sum of 
fifteen dollars; 

(5) For each mutual company doing business in no more than three coun- 
ties, twenty-five dollars ; 

(6) From each mutual company not doing business in more than one 
county, ten dollars ; 

(7) From each insurance company doing a plate glass insurance business 
exclusively, ten dollars ; and 

(8) From each company not otherwise specified, fifty dollars. 

All of such insurance license fees collected by the Commissioner shall be 
paid over to the State Treasurer at least once a month. 
1947 (45) 322. 

§ 37-122. Two per cent graded license fees on foreign life insurance compa- 
nies. 

In addition to other annual license fees provided by law the Commissioner 
shall require each life insurance company of any class licensed by him. not 
incorporated under the laws of this State, to pay as an additional and graded 
license fee an amount equal to two per cent on the total premiums, that is, 
total premium income or total premium receipts from the State, less any 
dividend or bonuses paid in cash or applied in abatement of premiums of 
such company as collected from citizens of or residents of this State during 
the time the company has done business in this State since making the last 
return for such license fee. 

1947 (45) 32 2. 

Constitutionality.— Sec Prudential Ins. 1142, 90 L. Ed. 1342 (1946). affirming 207 
Co. v. Benjamin, 328 U. S. 408, 66 S. Ct. S. C. 324, 35 S. E. (2d) 586 (1945). 

§ 37-123. Reduction of such fees on account of local investments. 

If the executive officer making a return for a company required to pay 
the additional fee provided by § 37-122 shall file with the Commissioner a 

304 



§37-124 Insurance §37-125 

sworn statement showing that at least one-fourth of the reserve or. all pol- 
icies issued in this State is invested in any or all of the following securities or 
property, to wit: (a) notes or bonds of this State or of counties or munici- 
palities of this State or subdivisions thereof, (b) first mortgage bonds or real 
estate in this State or first mortgage bonds of solvent domestic or domesti- 
cated corporations whose improved property is situate entirely within this 
State and which are owned and controlled independently of foreign corpora- 
tions and operated entirely within the State, (c) average daily balance on 
deposits in banks of this State maintained continuously for twelve months 
next preceding the date of the return or (d) any property situate within the 
State and returned for taxes therein, at the value at which it is returned, then 
the additional license fee on premiums collected during the time such invest- 
ments have been actually made and maintained shall be one and three-fourths 
per cent. Under like conditions if such investment be one-half of such 
reserve, the additional license fee shall be one and one-half per cent. 
Under like conditions it such investment be three-fourths of such reserve, 
the additional license fee shall be one and one-fourth per cent. And if the 
entire reserve be so invested, under like conditions, the additional license 
fee on such premium receipts shall be one per cent. 
1947 (45) 322; 1948 (45) 1734; 1949 (46) 600. 

§ 37-124. Two per cent graded license fee on other foreign insurance com- 
panies. 

In addition to other annual license fees provided by law, the Commissioner 
shall require each foreign fire insurance company, each foreign accident and 
health insurance company, each foreign casualty or surety company and all 
other companies of any class licensed by him and not incorporated under the 
laws of this State, not hereinbefore specifically mentioned, to pay as an addi- 
tional and graded license fee an amount equal to two per cent on the total 
premiums, that is, total income or total receipts from the State, less return 
premiums on risks and less dividends paid or credited to policyholders in 
this State during the time the company has done business in this State since 
making the last return for such license fee. 

1947 (45) 322. 

§ 37-125. Reduction of such fees on account of local investments. 

If the executive officer making a return for a company required to pay 
the additional fee provided by § 37-124 shall file with the Commissioner a 
sworn statement showing that at least one-fourth of the premium receipts 
on all risks in this State is invested in the securities named in § 37-123 then 
the additional license fee on premiums collected during the time such in- 
vestments have been actually made and maintained shall be one and three- 
fourths per cent. Under like conditions if such investments be one-half of 
such premium receipts, the additional license fee shall be one and one-half 
per cent. Under like conditions if the investments shall be three fourths of 
such premium receipts, the additional license fee shall be one and one-fourth 
per cent. And if the entire premium receipts be so invested, under like con- 
[4SCCode] — 20 205 



§37-126 Code of Laws of South Carolina §37-128 

ditions, the additional license fee on such premium receipts shall be one per 
cent. 

1947 (45) 322. 

§ 37-126. One half such fees distributable to counties in lieu of county fees. 

One half of the additional license fees collected under the terms of §§ 37-122 
to 37-125 is allotted to the several counties, respectively, in proportion to the 
premiums collected in such counties and is hereby appropriated to ordinary 
county purposes. No county license fee or tax shall be levied on such com- 
panies. At the close of the annual period, or as soon thereafter as possible, 
the Commissioner shall furnish the State Treasurer a statement showing 
the amount of such premiums collected by each company in each of the 
several counties of the State and the amount of additional license fees col- 
lected thereon and the State Treasurer, upon a warrant from the Comptroller 
General, shall pay unto the county treasurer of each county one half of the 
additional license fee collected as aforesaid on the premiums collected by 
each insurance company in that county. 

1947 (45) 322. 

§ 37-127. Returns and collection of tax. 

Returns of premium collections shall be made under oath by an executive 
officer of each company within sixty days after the 31st day of December 
of each year and, if the returns are not so made, the Commissioner may sus- 
pend the license of the company until such returns are made. The Attorney 
General shall bring suit in the name of the State to collect any unpaid portion 
of the license fees provided herein. 

1947 (45) 322. 

§ 37-128. One per cent graduated license fee on foreign companies. 

The Commissioner shall require all insurance companies not incorporated 
under the laws of this State but doing business in this State, including all 
domesticated companies and all other companies of any class licensed by such 
Commissioner other than domestic companies, to pay, in addition to the an- 
nual license fees otherwise provided by law, a graduated license fee in 
an amount equal to one per cent of the total premiums collected in the State, 
less return premiums on risks and less dividends paid or credited to policy- 
holders. But a mutual fire insurance company of another state, admitted 
to do business in this State, employing no agents, writing no business except 
on the property of its members and doing business without profit, shall pay 
annually on or before the first day of March, in lieu of the fee provided for 
in the preceding sentence but in addition to all other license fees which it is 
required by law to pay, a graduated annual license fee in an amount equal 
to one per cent of the premiums and premium deposits and assessments col- 
lected by it in the State during the year ending on the thirty-first day of De- 
cember next preceding, after deducting from such premiums and premium 
deposits and assessments the so-called dividends or unused or unabsorbed 
portion of the premiums and premium deposits and assessments applied or 

306 [4SCCode] 



§ 37-129 Insurance § 37-131 

credited in part payment of such premiums or premium deposits and assess- 
ments or returned to policyholders in cash or otherwise during the year 
for which the tax is computed. 
1947 (45) 322. 

Constitutionality. — See Prudential Ins. Deduction of cost of reinsurance in corn- 
Co. v. Benjamin, 32S U. S. 408. 66 S. Ct. puting fees. — See King v. /Etna Ins. Co., 
1142, 90 L. Ed. 1342 (1946), affirming 207 168 S. C. 84, 167 S. E. 12 (1932). 
S. C. 324, 35 S. E. (2d) 586 (1945). 

§ 37-129. Disposition of such fees. 

The one per cent fee as provided for in § 37-128 shall be paid into the State 
Treasury for use for State purposes and the Commissioner shall collect such 
fees as other fees are collected and pay them over to the State Treasurer. 

1947 (45) 322. 

§ 37-130. One hundred dollar license fee for foreign companies. 

Every foreign insurance company of any class (fire, life, marine, surety, 
security, guarantee, hailstorm, livestock, accident, plate glass and other like 
insurance companies) and every other foreign company doing a like class 
of business, not incorporated under the laws of this State, except benevolent 
institutions organized under the grand lodge system, shall each, before trans- 
acting any business in this State, pay an annual license fee of one hundred dol- 
lars to the Commissioner on or before the 31st day of March in each year, 
to be deposited by him in the State Treasury. 

194S (45) 1734. 

What constitutes transacting business. — enrollment fees with each application, for- 
Where a foreign insurance company was warding the applications and the enrollment 
unlicensed in the State and had appointed an fees to the insurance company at its home 
organizer in the State who solicited and office, such insurance company was trans- 
secured applications on the company's acting business within the state. Mc\ r eely v. 
forms for benefit certificates in the defend- Fidelity Mut. Benefit Ass'n, 178 S. C. 247, 
ant company, charging membership and 182 S. E. 425 (1935). 

§ 37-131. License fees for employers paying their employees sick and death 
benefits. 
Any employer doing business in this State and desiring to provide sick, 
accident and death benefits for its employees may be licensed so to do upon 
the payment to the Commissioner of license fees as follows : 

(1) Those doing business in one county only, ten dollars ; 

(2) Those doing business in not more than two counties, twenty-five dol- 
lars ; and 

(3) Those doing business in more than two counties, fifty dollars. 

But purely mutual associations doing business in only one county, whose 
gross income does not exceed five hundred dollars, may be licensed upon pay- 
ment of an annual fee of five dollars. 

The provisions of this section shall not apply to employers who provide 
their employees such benefits without charge to their employees. 

1947 (45) 322. 

307 



§37-132 Code of Laws or South Carolina §37-142 

§ 37-132. Increase of fees, etc., to those charged by other states. 

Whenever the laws of any other state of the United States shall require 
of insurance companies chartered by this State and having agencies in such 
other state, or of the agents thereof, any deposit of securities in such state 
for the protection of policyholders or otherwise or any payment of penalties, 
certificates of authority, license fees or otherwise, greater than the amount 
required for such purposes from similar companies of other states by the 
then existing laws of this State, all such similar companies of such states 
establishing or having theretofore established an agency or agencies in this 
State shall make the same deposit for a like purpose with the Commissioner 
and pay to the Commissioner, for penalties, certificates of authority, license 
fees, filing fee or any other fees, an amount equal to the amount of such 
charges imposed by the laws of such state upon companies of this State and 
the agencies thereof. 

1947 (45) 322. 

§ 37-133. Municipal license fees and taxes. 

Nothing elsewhere in this Title shall be construed as preventing any mu- 
nicipality from levying and collecting license fees or taxes in accordance with 
its ordinances. But no municipality shall charge a license fee to fire in- 
surance companies or their agents licensed by the Commissioner in any other 
manner than on a percentage of the premiums collected in such municipality, 
such license fee not to exceed two per cent of the premiums collected in such 
municipality except in cities of fifty thousand inhabitants or more where not 
exceeding five per cent may be charged. 

1947 (45) 322; 1948 (45) 1734. 

§ 37-134. Expiration date of licenses. 

All licenses issued by the Commissioner shall be so granted as to expire on 
the 31st of March of each year. 

1948 (45) 1734. 

Article 3. 
Conduct of Business Generally. 

§ 37-141. What contracts deemed made in State. 

All contracts of insurance on property, lives or interests in this State shall 
be deemed to be made therein and all contracts of insurance the applications 
for which are taken within the State shall be deemed to have been made with- 
in this State and are subject to the laws therof. 

1947 (45) 322. 

§ 37-142. No contracts to be made except under this Title. 

It is unlawful for any company to make any contract of insurance or an- 
nuity upon or concerning any property, interest or lives in this State or with 
any resident thereof or for any person as insurance agent or insurance broker 
to make, negotiate, solicit or in any manner aid in the transaction of such in- 

30S 






§ 37-143 Insurance § 37-145 

surance contracts unless and except as authorized under the provisions of 
this Title. 
1947 (45) 322. 

Cross reference. — As to prohibition 
against undertakers acting as agents for life 
insurance companies, see § 37-178. 

§ 37-143. Companies must do business in own name ; combination policy. 

Every insurance company shall conduct its business in the State in, and the 
policies and contracts of insurance issued by it shall be headed or entitled only 
by, its proper or corporate name. Two or more authorized insurers may, 
with the Commissioner's approval, issue a combination policy which shall 
contain provisions substantially as follows : 

(1) That the insurers executing the policy shall be severally liable for 
the full amount of any loss or damage, according to the terms of the policy, 
or for specified percentages or amounts thereof aggregating the full amount 
of insurance under the policy ; and 

(2) That service of process or of any notice or proof of loss required by 
such policy upon any of the insurers executing the policy shall constitute 
service upon all such insurers. 

1947 (45) 322. 

§ 37-144. Circulation of false or misleading information. 

Xo life insurance company doing business in this State and no officer, di- 
rector or agent thereof shall issue or circulate or cause or permit to be issued 
or circulated any estimate, illustration, circular or statement of any sort mis- 
representing the terms of any policy issued by it, the benefits or advantages 
promised thereby or the dividends or shares of surplus to be received thereon 
or shall use any name or title of any policy or class of policies misrepresenting 
the true nature thereof. Violation of this section by an agent or officer of 
any insurance company shall be a misdemeanor and punishable by a fine of 
not more than five hundred dollars or imprisonment in the county jail for 
not more than sixty days, or by both such fine and imprisonment. If a com- 
pany violates or participates in the violation of this section, such company 
shall have its certificate of authority to do business in this State suspended 
for a period of not exceeding six months for each offense. 

1947 (45) 322. 

Substitution by insurer of its policy of violation of this section. Johnson v. Inde- 
less value, in place of policy of company pendence Ins. Co., 170 S. C. 301, 170 S. E. 
whose business it bought out, held not a 352 (1933). 

§ 37-145. Certain inducements not to be offered. 

No insurance company shall issue in this State, nor permit its agents, of- 
ficers and employees to issue in this State, agency company stock or other 
stock or securities or any special or advisory bond or other contract of any 
kind promising returns and profits, as an inducement to the taking of in- 
surance. No insurance company shall lie authorized to do business in this 

309 



§ 37-146 Code of Laws of South Carolina § 37-146 

State which issues or permits its agents, officers or employees to issue in any 
state or territory agency company stock or securities or any special or ad- 
visory bond or other contract of any kind, promising returns and profits as 
an inducement to the taking of insurance. No corporation or stock company, 
acting as agent of an insurance company, nor any of its agents, officers and 
employees, shall be permitted to sell or give, agree to sell or give or offer 
to sell or give, directly or indirectly, in any manner whatsoever, any share 
of stock, security, bond or agreement of any form or nature promising returns 
and profits as an inducement to the taking of insurance or in connection 
therewith. But nothing herein contained shall impair or affect in any manner 
any such contacts issued or made as an inducement prior to March 15 
1908 or prevent the payment of the dividends or returns therein stipulated to 
be paid. The Commissioner, upon being satisfied that any such insurance 
company or any agent thereof has violated any of the provisions of this sec- 
tion, shall revoke the certificate of authority of the company or agent so of- 
fending. But nothing herein contained shall apply to marine insurance com- 
panies or agents of such companies, when such agents write only marine in- 
surance. 
1947 (45) 322. 

§37-146. Whole contract, including application, to appear in policy; oral ap- 
plications ; exceptions. 

Every insurance company doing a life, health or accident insurance busi- 
ness in the State shall deliver with each policy of insurance issued by it a 
copy of the application made by the insured so that the whole contract shall 
appear in the application and policy of insurance, in default of which no de- 
fense shall be allowed to such policy on account of anything contained in, or 
omitted from, such application. If such a policy of insurance is issued upon 
an oral application, no defense shall be allowed to the policy on account of 
anything contained in, or omitted from, such oral application. The provisions 
of this section shall not apply to any policy of insurance written on the weekly 
or monthly industrial payment plan. 

1947 (45) 322; 1949 (46) 600. 

This section does not require a copy of portunity of knowing what was contained 
the application for the reinstatement of a in the application (which purpose was sub- 
lapsed policy to be delivered to the insured served by the furnishing of the insured with 
as a condition precedent to its admissibility a copy when the two certificates, one for 
in evidence in a subsequent case or pro- life insurance and one for accident and 
cecding involving a cancellation of the pol- health, were contemporaneously delivered) 
icy on the ground of false representations and that it would be too strained a construc- 
contained therein. Murray v. Metropolitan tion of the statute to hold that such de- 
Life Ins. Co., 193 S. C. 368, 8 S. E. (2d) fense was foreclosed by reason of the fact 
314 (1940). that a copy of the application for the corn- 
Delivery of two certificates contempo- bination insurance was not physically at- 
raneously. — Where it was contended that, tached to the certificate representing the 
since a copy of the application was not life insurance contract or certificate. To 
physically attached to the certificate of life hold otherwise would be to sacrifice sub- 
insurance, the insurer is preluded from tak- stance for form. Kilpatrick v. Brotherhood 
ing advantage of false statements in the of Railroad Trainmen Ins. Dept., 210 S. C. 
application, it was held that the purpose of 379, 42 S. E. (2d) S91 (1947). 
this section was to give the insured the op- 

310 



§ 37-147 Insurance § 37-148 

§ 37-147. Discrimination prohibited. 

No insurance company or any agent thereof or any insurance broker doing 
business in this State shall make or permit any discrimination in favor of in- 
dividuals between insured of the same class and risk involving the same 
hazards in the amount of the payment of premiums or rates charged for pol- 
icies of insurance, in the dividends or other benefits payable thereon or in 
any other of the terms and conditions of the contracts it makes. Nor shall 
any such company or agent thereof or any insurance broker make any con- 
tract of insurance or agreement as to such contract other than as plainly ex- 
pressed in the policy issued thereon. Nor shall any such company or any 
officer, agent, solicitor or representative thereof or any insurance broker pay, 
allow or give or offer to pay, allow or give, directly or indirectly, as induce- 
ment to the taking of insurance any rebate of premium payable on the policy, 
any special favo.r or advantage in the dividends or other benefits to accrue 
thereon, any paid employment or contract for services of any kind or any 
valuable consideration or inducement whatever not specified in the policy 
contract of insurance, nor give, sell or purchase or offer to give, sell or pur- 
chase, as inducement to the taking of insurance or in connection therewith, 
any stocks, bonds or other securities of any insurance company or other 
corporation, association or partnership, any dividends or profits to accrue 
thereon or anything of value whatever not specified in the policy. 

1947 (45) 322; 1949 (46) 600. 

"Class" in former statute had reference cate issued under a group policy, when such 

to the nature and character of the risk. certificate does not set forth the full terms 

Pressly v. Pilot Life Ins. Co., 186 S. C. 209, of the policy, because of necessity a certifi- 

195 S. E. 332 (1938). cate issued under a group policy is part 

Discrimination between borrowing and and parcel of the group policy, of which 

nonborrowing insurants. — See Pressly v. the insured has full knowledge, and each 

Pilot Life Ins. Co., 186 S. C. 209, 195 S. E. of the certificate holders under such group 

332 (1938). policy is bound by the terms thereof. 

This statute was never intended to shield Equitable Life Assur. Soc. v. Templeton, 

a fraud. Crosby v. Metropolitan Life Ins. 19 F. Supp. 485 (1936). 

Co., 167 S. C. 255, 166 S. E. 266 (1932); The language of this section specifically 

Hood v. Life & Cas. Ins. Co., 173 S. C. 139, prohibits the making of supplementary 

175 S. E. 76 (1934); Aiken Petroleum Co. agreements relating to an insurance policy 

v. National Petroleum Underwriters, etc., at the time of the issuance of the policy. 

Co., 207 S. C. 236, 36 S. E. (2d) 380 (1945). Perry v. North Carolina Mut. Life Ins. Co., 

This section is not applicable to a certifi- 180 S. C. 72, 185 S. E. 47 (1936). 

§ 37-148. Punishment and revocation of license for discrimination. 

Every officer or agent of an insurance company doing business in this State 
who shall violate any of the provisions of § 37-147 shall be guilty of a misde- 
meanor and, upon conviction thereof, shall be fined in a sum not exceeding five 
hundred dollars or imprisoned in the discretion of the court or both. The 
Commissioner, upon being satisfied that any such insurance company or 
any agent thereof or any insurance broker has violated any of the provisions 
of said section, shall revoke the certificate of authority of the company, 
agent or broker so offending after notice and hearing as herein set forth. 

1947 (45) 322. 

311 



§ 37-149 Code of Laws of South Carolina § 37-150 

§ 37-149. Making loans on real estate mortgages lawful. 

It shall not be considered in violation of § 37-147 or the criminal laws of 
this State to offer to make or to make loans to citizens of this State to be se- 
cured by mortgage of real estate or other collateral security. 

1947 (45) 322. 

§ 37-149.1. Investments in farm loan bonds. 

Any insurance company organized under the laws of this State may invest 

in or lend money on the security of Federal farm loan bonds issued by any 

Federal land bank or joint land bank organized pursuant to an act of Congress 

entitled "An Act to Provide Capital for Agricultural Development, Create 

Standard Forms of Investment, Based upon Farm Mortgage, to Equalize 

Rates of Interest upon Farm Loans, to Furnish a Market for United States 

BondSj to Create Government Depositories and Financial Agents for the 

United States, and for other Purposes," approved July 1/ 1916 and acts 

amendatory and supplementary thereto or on the security of bonds issued 

by the Federal Farm Mortgage Corporation pursuant to to the provisions of an 

act of Congress known as the "Federal Farm Mortgage Corporation Act." 

1942 Code §9049; 1932 Code §9049; Civ. C. "22 §5461; 1918 (30) 763; 1919 (31) 133; 
1934 (38) 1493. 

§ 37-149.2. Investments in certain other securities. 

It shall be lawful for any insurance company operating or doing business 
in the State to invest its funds or the moneys in its custody or possession 
eligible for investment in the shares of any Federal savings and loan asso- 
ciation or in the shares of any building and loan association organized and 
existing under the laws of this State, when such shares are insured by the 
Federal Savings and Loan Insurance Corporation and also in bonds or deben- 
tures issued by any Federal Home Loan Bank, or in the consolidated bonds 
or debentures issued by the Federal Home Loan Bank Board. 

1942 Code §9051-2; 1935 (39) 2S7. 

Cross references. — As to investments in vestment in bonds of Home Owner's Loan 

mortgages, etc., insured or issued by Fed- Corporation, see § 36-604. As to obliga- 

eral housing administrator or national mort- tions authorized as investments under Hous 

gage associations, see § 36-602. As to in- ing Authorities Law, see § 36-163. 

§ 37-150. Tontine, etc., policies prohibited. 

No life insurance company, mutual aid association or fraternal benefit so- 
ciety, order, company or association operating in this State shall be permitted 
to issue policies, certificates or contracts to policyholders or members pro- 
viding for the establishment of its policyholders or members into divisions and 
classes for the purpose of providing for the payment of benefits from special 
funds created for such purpose to the oldest member of the division and class 
or to the members of the division and class whose policy has been in force 
the longest period of time upon the death of a member in such division and 
class, except as herein otherwise provided. • 

1947 (45) 322. 

312 



§ 37-151 Code of Laws of South Carolina § 37-154 

§ 37-151. When such contracts may be written. 

Any life insurance company, mutual aid association or fraternal benefit 
society, order or association operating prior to Hay 12 1947 on a [nan pro- 
hibited by § 37-150 in this State may continue so to do upon condition that 
such life insurance company, fraternal benefit society or mutual aid associa- 
tion has not since said date and shall not hereafter establish its policyholders 
or members into divisions or classes other than the divisions or classes in 
this State actually existing on said date. But in no event shall any life in- 
surance company (including any organization of whatever character engaged 
in the writing of life insurance upon any plan), fraternal benefit society, order 
or association or mutual aid association be permitted to operate on such en- 
dowment plan unless it have a paid in capital stock, if a stock company, 
or a surplus, if a mutual company or fraternal benefit society, order or associ- 
ation, of at least fifty thousand dollars. 

1947 (45) 322. 

Public policy established. — This section ment and provided for the continued is- 
plainly prohibits the future issuance of suance for the purpose of filling the divi- 
contingent endowment policies except to the sions and classes theretofore created by 
extent of filling the divisions and classes existing companies. This legislative enact- 
already established, which by unmistakable ment established the public policy upon the 
implication legalized, if they needed it, such subject. Gary v. Atkinson, 200 S. C. 166, 
policies as had been issued before the enact- 20 S. E. (2d) 388 (1942). 

§ 37-152. Reserve to be maintained on such policies. 

In order to pay such endowments as they severally mature as well as to 
pay all other benefits incorporated in any such policies, certificates or con- 
tracts of insurance, any life insurance company, fraternal benefit society or 
mutual aid association operating in this State upon a plan described in 
§ 37-150 shall establish and maintain on each such policy a reserve upon a 
basis not lower than the American Experience Table of Mortality, full pre- 
liminary term, Illinois standard and interest assumption of three and one- 
half per cent covering each contingency provided for in such policy. 

1947 (45) 322. 

§37-153. Limitation of risk. 

Except as otherwise provided in this Title no insurer doing business in this 
State shall expose itself to any loss on any one risk in an amount exceeding 
ten per cent of its surplus to policyholders. Any risk or portion of any risk 
which shall have been reinsured shall be deducted in determining the limita- 
tion of risk prescribed in this section. 

1947 (45) 322. 

§ 37-154. Maximum amounts of policies ; stated values ; company contributions. 
No company writing fire insurance policies, doing business in this State, 
shall issue a policy for more than the value stated in the policy or the value 
of the property to be insured, the amount of insurance to be fixed by the 
insurer and insured at or before the time of issuing the policy. In case of 
total loss by fire the insured shall be entitled to recover the full amount of 

olo 



§37-155 



Code of Laws of South Carolina 



§37-155 



insurance and in case of a partial loss the insured shall be entitled to recover 
the actual amount of the loss, but in no event more than the amount of the 
insurance stated in the contract. But if two or more policies are written 
upon the same property they shall be deemed and held to be conlributive in- 
surance and if the aggregate sum of all such insurance exceeds the insurable 
value of the property, as agreed by the insurer and the insured, each company 
shall, in the event of a total or partial loss, be liable for its pro rata share 
of insurance. Nothing in this section shall be held to apply to insurance on 
chattels or personal property. 
1947 (45) 322; 1948 (45) 1734. 



Distinction between open and valued pol- 
icies. — See Riggs v. Home Mut., etc., Ass'n, 
61 S. C. 448, 39 S. E. 614 (1901). 

Purpose of section is to protect insured 
from uncertainty which may arise as to 
value of property after its destruction by 
fire. /Etna Ins. Co. v. Norris Bros., 109 F. 
(2d) 172 (1940). 

No application where value not fixed. — 
This section has no application in suit to 
enjoin prosecution of suits at law where 
bill avers that value of property was not 
fixed at time of issuance of policy and 
averment was admitted by demurrer. 
Rochester German Ins. Co. v. Schmidt, 126 
F. 998 (1904). 

Former statute provided for proportion- 
ate recovery in case of partial loss. — For 
cases decided under the former language, 
see Parnell v. Orient Ins. Co., 126 S. C. 
19S, 119 S. E. 191 (1923); Columbia Real 
Rstate, etc., Co. v. Roval Exch. Assur., 132 
S. C. 427, 128 S. E. 865 (1925); Aiken v. 
Home Ins. Co., 137 S. C. 248, 134 S. E. 
870 (1926); Ford v. George Washington 
Fire Ins. Co., 139 S. C. 212, 137 S. E. 678 
(1927); Bruner v. Automobile Ins. Co., 165 
S. C. 421, 164 S. E. 134 (1932); Fowler v. 
Merchants' Fire Assur. Corp., 172 S. C. 66, 
172 S. E. 781 (1934); JEtna Ins. Co. v. 



Norris Bros., 109 F. (2d) 172 (1940). 

Contributive insurance. — Insurer under 
valued policy is liable only for proportionate 
sum of policy as compared to agreed valua- 
tion, where there was other insurance. 
Walker v. Queen Ins. Co., 136 S. C. 144, 134 
S. E. 263 (1926). See also. Cave v. Home 
Ins. Co., 57 S. C. 347, 35 S. E. 577 (1900). 

Open policies on bvilders' risks. — See UI- 
mer v. Phoenix Fire Ins. Co., 61 S. C. 459, 
39 S. E. 712 (1901). 

Additional insurance without insurer's 
consent. — The procuring of additional in- 
surance without the consent of the insurer 
against a provision of the policy and in ex- 
cess of the agreed insurable value avoided 
the policy. Wvnn v. Caledonian Ins. Co., 
100 S. C. 47, 84 S. E. 306 (1915). 

There is nothing in this section which 
prevents a company from inserting in its 
policy a condition against insurance in ex- 
cess of a limit fixed in the policy. Graham 
v. American Eagle Fire Ins. Co., 182 F. (2d) 
500 (1950). 

Arbitration agreement attempting to 
change measure of recovery for partial loss 
laid down by this section would be ineffec- 
tive. Columbia Real Estate, etc., Co. v. 
Royal Exch. Assur., 132 S.C. 427, 128 S.E. 
865 (1925). 



§37-155. Same; exceptions for manufacturing property and replacement 
riders. 

Notwithstanding the provisions of § 37-154 insurers may, at the request of 
owners of property used principally for manufacturing purposes, including 
places of residence for occupancy by employees, issue policies wholly exempt 
from the provisions of said section, and riders or endorsements may, in con- 
sideration of an adecpiate premium or premium deposit, be attached to poli- 
cies insuring property, indemnifying the insured for the difference between 
the actual value stated in the policy and the amount actually expended to re- 
pair, rebuild or replace with new materials of like size, kind and quality such 
insured property as has been damaged or destroyed by fire or other perils in 
sured against. 

1947 (45) 222; 1948 (45) 1734. 

314 



§ 37-156 Insurance § 37-160 

§ 37-156. Clauses invalidating policies if property encumbered are void. 

Any clause in any policy of insurance purporting or undertaking to limit 
or invalidate the force of such policy in case of encumbrance by real estate 
mortgage of the property insured by such policy is hereby declared to be null 
and void. 

1947 (45) 322. 

§ 37-157. Additional or coinsurance clause. 

No insurance company or agent licensed to do business in this State may 
issue any policy or contract of insurance covering property in this State which 
shall contain any clause or provision requiring the insured to take or main- 
tain a larger amount of insurance than that expressed in such policy, nor in 
any way provide that the insured shall be liable as a coinsurer with the com- 
pany issuing the policy for any part of the loss or damage to the property de- 
scribed in such policy and any such clause or provision shall be null and 
void and of no effect. But such a clause or provision may be used if there 
is stamped on the filing face of such policy or printed in bold type at the top 
of such clause, the words "coinsurance clause." If there be a difference in 
the rate for insurance with and without the coinsurance clause the rates for 
each shall be furnished the insured upon request. 

1947 (45) 322. 

§37-158. Group plans. 

No policy of insurance other than life, annuity, hospital, medical and surgi- 
cal or accident and health may be written in this State on a group plan which 
insures a group of individuals under a master policy at rates lower than 
those charged for individual policies covering similar risks. The master pol- 
icy and certificates, if any, shall be first approved by the Commissioner and 
the rate, premiums and other essential information shall be shown on the 
certificate. 

1947 (45) 322. 

§ 37-159. Insuring persons not insurable. 

Any agent, physician or other person who shall insure or knowingly cause 
to be insured or reinstated in membership any infirm or unhealthy person, 
not at the time in an insurable condition, with intent to defraud shall be 
guilty of a misdemeanor and, upon conviction thereof, shall be fined or im- 
prisoned, in the discretion of the court. 

1947 (45) 322. 

§ 37-160. Premiums on insurance as security for loan not usurious. 

When an insurance company, as a condition for a loan by such comppny of 
money upon mortgage or other security, requires that the borrower (a) insure 
either his life or that of another or his property or the title to his property 
with the company, (b) assign or cause to be assigned to it a policy of insur- 
ance as security for the loan and (c) agree to pay premiums thereon during 
the continuance of the loan, whether the premium is paid annually, semi-an- 

315 



§37-161 



Code of Laws of South Carolina 



§37-161 



nually, quarterly or monthly, such premium shall not be considered as in- 
terest on such loan, nor will any loan be rendered usurious by reason of any 
such requirements when the rate of interest charged for the loan does not 
exceed the legal rate and when the premiums charged for the insurance do not 
exceed the premiums charged for similar policies to other persons who do not 
obtain loans. 
1947 (45) 322. 



§ 37-161. When policies become incontestable ; exceptions. 

All companies which issue a policy or certificate of insurance on the life 
of a person shall, after a period of two years from the date of such policy or 
certificate of insurance, be deemed and taken to have waived any right they 
may have had to dispute the truth of the application for insurance or to as- 
sert that the assured person had made false representations and such appli- 
cation and representations shall be deemed and taken to be true. But when 
the age of the person insured, or of any other person whose age is considered 
in determining the premiums, has been misstated the company may at any 
time adjust any amount payable or benefit accruing under the policy to such 
as the premiums would have purchased at the true age or ages of such insured 
or other person. 

When any such policy shall contain, in addition to life insurance, agree- 
ments for indemnity or benefits for disability or any other coverage, the pro- 
visions of this section shall apply to such agreements with the same force and 
effect as to the life insurance coverage of such policy. 

1947 (45) 322; 1950 (46) 2041. 



This statute is a part of a policy as ef- 
fectually as if it had been written therein. 
New York Life Ins. Co. v. Greer, 170 S. C. 
151, 169 S. E. 837 (1933); Weston v. Metro- 
politan Life Ins. Co., 206 S. C. 128, 33 S. E. 
(2d) 386 (1945). 

It must be strictly construed. — The stat- 
ute limiting the insurer to two years in 
which it could deny the statements con- 
tained in the application is in clear deroga- 
tion of the common law and must be strict- 
ly construed. Love v. Prudential Ins. Co., 
173 S. C. 433, 176 S. E. 333 (1934). 

And it does not purport to be retroactive. 
Weston v. Metropolitan Life Ins. Co., 206 
S. C. 128, 33 S. E. (2d) 386 (1945). 

Fraud and misrepresentation in the ap- 
plication are not available to the insurer 
after a period of two years from the date 
of the policy. Altman v. Standard Mut. 
Life Ins. Co., 204 S. C. 151, 28 S. E. (2d) 
636 (1944); Beard v. North State Life Ins. 
Co., 104 S. C. 45, 88 S. E. 285 (1916). 

And it is immaterial whether statements 
were representations or warranties. Owen 
v. Bankers' Life Ins. Co., 84 S. C. 253, 66 
S. E. 290 (1909). 



There is a distinct difference between this 
section and § 37-162. — The bar in one is by 
conduct of the parties. The bar in the other 
is currency of time. The first is in the na- 
ture of an estoppel. The other is a pure 
statute of limitations. New York Life Ins. 
Co. v. Truesdale, 79 F. (2d) 481 (1935). 

"Incontestable" statutes and policy pro- 
visions have often been called short statutes 
of limitation and the Supreme Court has 
upheld them, even against claims of fraud. 
Weston v. Metropolitan Life Ins. Co., 206 
S. C. 128, 33 S. E. (2d) 386 (1945). 

Death of insured does not ordinarily in- 
terrupt running. — The death of an insured 
during the period of contestability provided 
by statute or a policy provision does not 
ordinarily interrupt the running of the time 
limitation provided by either or both of 
such. Weston v. Metropolitan Life Ins. 
Co., 206 S. C. 128, 33 S. E. (2d) 386 (19451. 
See Henderson v. Life Ins. Co., 176 S. C. 
100, 179 S. E. 680 (1935). 

Unless there is no person against whom 
action may be taken. — See note to § 37-162. 

Provision as to fraud in policy. — A pro- 
vision in a life policy that it should be in- 



316 



§37-162 



Insurance 



§37-163 



contestable except for nonpayment of 
premiums and for fraud does not take the 
policy out of this section, the provision as 
to fraud not preserving the defense. Beard 
v. North State Life Ins. Co., 104 S. C. 45, 
88 S. E. 285 (1916). 

Legal execution of insured as defense. — 
In view of this section and the section fol- 
lowing, and S. C. Const. Art. 1, § 8, legal 
execution of insured is no defense to action 
oti life policy containing incontestability 
clause. Weeks v. New York Life Ins. Co., 
128 S. C. 223, 122 S. E. 586 (1924). 

Power of Federal court to enjoin proceed- 
ings in State court. — Where a Federal court 
first obtains jurisdiction of the subject mat- 
ter in controversy, it may enjoin all pro- 
ceedings in a State court, commenced after- 
wards, which would have the effect of de- 



feating or impairing its jurisdiction, or the 
lawful effect of its judgments. Such power 
exists and should be exercised in a case 
where suit for the cancellation of a policy 
of insurance has been instituted in equity 
and an action at law on the policy is institut- 
ed in a State court afterwards. Mutual 
Benefit Health & Acci. Ass'n v. Teal, 34 F. 
Supp. 714 (1940). 

Where the policy contains an incontest- 
able clause, so that if it be not canceled for 
fraud within the time limited the right to 
defend on that ground will be lost, equity 
will grant relief, as otherwise the company 
would be without remedy. It is the duty 
of equity to grant relief in such cases even 
after the policy has matured by the death 
of the insured. Mutual Benefit Health S 
Acci. Ass'n v. Teal, 34 F. Supp. 714 (1940). 



§ 37-162. Proceedings to contest policy. 

Every insurance company doing a life insurance business in this State may 
institute proceedings to vacate a policy on the ground of the falsity of the 
representations contained in the application for such policy if such proceedings 
be commenced within two years from the date of the policy. 

1947 (45) 322, 



Cross reference. — See note to § 37-161. 

This statute is a part of a policy as effect- 
ually as if it had been written therein. New 
York Life Ins. Co. v. Greer, 170 S. C. 151, 
169 S. E. 837 (1933) ; Weston v. Metropoli- 
tan Life Ins. Co., 206 S. C. 128. 33 S. E. (2d) 
386 (1945). 

It must be strictly construed. — The stat- 
ute limiting the insurer to two years in 
which it could deny the statements con- 
tained in the application is in clear deroga- 
tion of the common law and must be strict- 
ly construed. Love v. Prudential Ins. Co., 
173 S. C. 433, 176 S. E. 333 (1934). 

It is a short statute of limitation. — "In- 
contestable" statutes, such as this section, 
and policy provisions have often been called 
short statutes of limitation and the Supreme 
Court has upheld them, even against claims 
of fraud. Weston v. Metropolitan Life Ins. 
Co.. 206 S. C. 128. 33 S. E. (2d) 386 (1945). 
See New York Life Ins. Co. v. Truesdale, 
79 F. (2d) 481 (1935). 

And death of insured does not interrupt 
its running. — The death of an insured dur- 
ing the period of contestability provided by 
this section or a policy provision does not 
ordinarily interrupt the running of the time 
limitation provided by either or both of 



such. Weston v. Metropolitan Life Ins. 
Co., 206 S. C. 128, 33 S. E. (2d) 3S6 (1945) : 
Norris v. Guardian Life Ins. Co., 187 S. C. 
535, 198 S. E. 34 (1938). 

Unless there is no person against whom 
action may be taken. — If the insured dies 
within the contestable period, and for a 
time there is, because of the nonappoint- 
ment of an administrator, no person against 
whom action may be taken, the running of 
the period is suspended while the insurer 
is so prevented from suing. Weston v. 
Metropolitan Life Ins. Co., 206 S. C. 128, 
33 S. E. (2d) 386 (1945). 

Whether false statements were represen- 
tations or warranties is immaterial. Owen 
v. Bankers' Life Ins. Co., 84 S. C. 253, 66 S. 
E. 290 (1909). 

Where right of action accrues to benefi- 
ciary after death of insured. — It is doubtful 
if this section applies to a case where right 
of action has accrued to beneficiary after 
death of insured, but if it does, and the 
right to cancel on ground of fraudulent 
misrepresentations in application is set up in 
answer, defendant is not entitled to have 
this issue tried in equity. Fludd v. Equita- 
ble Life Assur. Soc, 75 S. C. 315, 55 S. E. 
762 (1906). 



§ 37-163. Accepting premiums in insolvent company. 

Any director or officer of any insurance company who shall willfully re- 
ceive any premium or assessment on behalf of such company, knowing at 

317 



§ 37-164 Code of Laws of South Carolina § 37-168 

the time of receipt of such premium or assessment the company to be insol- 
vent according to the laws of its home State, without notice of such fact to 
the person paying the premium or assessment, shall be guilty of a misde- 
meanor and, upon conviction thereof, shall be fined or imprisoned, in the dis- 
cretion of the court. 
1947 (45) 322. 

§ 37-164. Doing business when charter canceled or surrendered unlawful. 

It shall be unlawful for any insurance company or for any person acting 
for or on its behalf knowingly to solicit, deliver any policy or collect any pre- 
miums of insurance for any such company from any person within this State 
when such company has surrendered its charter or when its charter has been 
revoked or canceled for any reason. 

1947 (45) 322. 

§37-165. Liability when charter canceled or surrendered; service of process. 

When any insurance company has surrendered its charter or when its 
charter has been revoked or canceled for any reason, it shall still be subject 
to suit under the laws of this State and the Commissioner is hereby designated 
as the agent of any such company upon whom service of any process may be 
had until all outstanding claims and demands against it shall have been set- 
tled. 

1947 (45) 322. 

§ 37-166. Prcof of loss forms required to be furnished. 

When any company under any insurance policy requires a written proof of 
loss after the notice of such loss has been given by the insured or beneficiary, 
the company or its representative shall furnish a blank to be used for that 
purpose. If such forms are not so furnished within twenty days after the 
receipt of such notice the claimant shall be deemed to have complied with the 
requirements of the policy as to proof of loss upon submitting within the 
time fixed in the policy for filing proofs of loss written proof covering the 
occurrence, character and extent of the loss for which claim is made. 

1947 (45) 322. 

Stated in Powers v. Calvert Fire Ins. Co., 
216 S. C. 309. 57 S. E. (2d) 638 (1950). 

§ 37-167. Presenting false claims for payment. 

Any agent, collector, physician or other person who shall cause to be pre- 
sented to any insurance company licensed to do business in this State a false 
claim for payment, knowing the same to be false shall be guilty of a misde- 
meanor and, upon conviction thereof, shall be fined or imprisoned, in the dis- 
cretion of the court. 

1947 (45) 322. 

§ 37-168. Payment of benefits in merchandise or service prohibited. 

Except as otherwise herein expressly provided it shall be unlawful for any 
insurance company to make payment or settlement of death benefits under 

318 



§37-169 Insurance §37-170 

policies written by such companies in merchandise or services rendered or 
agreed to be rendered or to issue any policy which provides for settlement in 
merchandise or service rendered or to be rendered. Any insurance company 
violating the provisions of this section shall be liable to a penalty of ten times 
the amount of such policy, certificate or other evidence of insurance to be 
collected in a suit by the heirs-at-law of such deceased policyholder. Any 
officers, agents or servants of any insurance company violating the provisions 
of this section shall be guilty of a misdemeanor and shall be punished by a 
fine of not more than one thousand dollars or suffer imprisonment on the 
county chain gang or in the State penitentiary for a period of not more than 
one year in the discretion of the court. 
1947 (45) 322. 

§ 37-169. Policy for wife and children not subject to claims of husband's cred- 
itors. 

A policy or policies of insurance in the aggregate amount of not more than 
twenty-five thousand dollars upon the life of any person, which has alreadv 
been or may hereafter be taken out, in which it is expressed to be for the 
benefit of any married woman, her children or the children of her husband, 
whether procured by herself or her husband, shall inure to the use and benefit 
of the person or persons for whose use and benefit it is expressed to be taken 
out and the sum or net amount of the insurance becoming due and payable 
by the terms of the policy shall be payable to the person or persons aforesaid, 
free and discharged from the claims of the representatives of the husband or 
of any of his creditors or any person claiming by, through or under him or 
them or any of them. 

1947 (45) 322. 

Former statute held unconstitutional in bark afloat, or to subserve any other legiti- 

In re Cunningham. 15 F. (2d) 700 (1926). mate purpose. Barron v. Liberty Nat. 

Under the statute, the insurance belongs Bank, 131 S. C. 443, 128 S. E. 414 (1925), 

to the wife or to the children so long as it dis. op. of Marion, J.; Antley v. New York 

is payable to them at the insured's death Life Ins. Co., 139 S. C. 23, 137 S. E. 199 

by virtue of the insured's intention to make (1927). 

it payable to them. Barron v. Liberty Nat. And this section has no application to the 

Bank, 131 S. C. 443, 128 S. E. 414 (1925) cash surrender value of an insurance policy 

dis. op. of Marion, J.; Antley v. New York for it was the intent of the legislature to 

Life Ins. Co., 139 S. C. 23, 137 S. E. 199 provide for an insured's widow and his or 

(1927). their children by securing to them "at the 

But the statute does not prevent a hus- time of his death", the benefits of the pro- 
band and father from exercising the re- ceeds of insurance policies in force coming 
served right of pledging such a policy to ob- within the category provided by this section, 
tain money to provide for his wife and faini- Wilson v. Mutual Benefit Life Ins. Co., 1S2 
ly during his life, or to keep his business S. C. 131, 188 S. E. 803 (1936). 

§ 37-170. Forms must be approved by Commissioner. 

It is unlawful for any insurance company doing business in this State to 
issue or sell in this State any policy, contract or certificate until the form of the 
same has been filed with and approved by the Commissioner. But this 
section shall not apply to surety contracts or fidelity bonds, nor to insurance 

319 



§ 37-176 Code of Laws of South Carolina § 37-179 

contracts, riders or endorsements prepared to meet special, unusual, peculiar 
or extraordinary conditions applying to an individual risk. 

1947 (45) 322. 

Article 3.1. 
Connections with Undertakers Prohibited. 

§ 37-176. Life companies and employees not to operate undertaking business. 

It shall be unlawful for any life insurance company, corporation or asso- 
ciation, except fraternal benefit societies licensed to do business in this State, 
to own, manage, supervise, operate or maintain a mortuary or undertaking es- 
tablishment or to permit its officers, agents or employees to own, operate or 
maintain any such funeral or undertaking business. 

1948 (45) 1947. 

This article does not contravene the due v. Family Security Life Ins. Co., 336 U. S. 
process clause or equal protection clause 220, 69 S. Ct. 550, 93 L. Ed. 632 (1949). 
of U. S. Const., 14th Amendment. Daniel 

§ 37-177. Companies not to contract with undertakers for funerals. 

It shall be unlawful for any life insurance company or sickness or funeral 
benefit company or any company, corporation or association engaged in a 
similar business to contract or agree with any funeral director, undertaker or 
mortuary to the effect that such funeral director, undertaker or mortuary shall 
conduct the funeral of any person insured by such company, corporation or 
association. 

1948 (45) 1947. 

§ 37-178. Undertakers, etc., not to act as agents for life insurance company. 

It shall be unlawful for any funeral director, undertaker or mortuary or any 
agent, officer or employee thereof to be licensed as agent, solicitor or salesman 
for any life insurance company, corporation or association doing business in 
this State. 

1948 (45) 1947. 

Cross reference. — As to conduct of busi- 
ness generally, see § 37-141 et seq. 

§37-179. Penalties. 

Any person violating any of the provisions of this article shall be guilty of a 
misdemeanor and each violation thereof shall be a separate offense and upon 
conviction shall be punished by fine not exceeding one thousand dollars or by 
imprisonment at hard labor for not exceeding six months, or both such fine 
and imprisonment within the discretion of the court. 

1948 (45) 1947. 



320 



§37-181 Insurance §37-184 

Article 4. 
Financial Matters. 

§ 37-181. Capital required of stock companies. 

Before licensing any stock insurance company to transact business in this 
State the Commissioner shall, require such company to be possessed of not less 
than one hundred thousand dollars capital fully paid in, which must be main- 
tained at all times. 

1947 (45) 322. 

§ 37-182. Surplus required of mutual companies. 

Before licensing any mutual insurance company to transact business in this 
State the Commissioner shall require such company to be possessed of a sur- 
plus of not less than one hundred thousand dollars which must be maintained 
at all times. Such companies may issue policies without contingent liability. 

1947 (45) 322. 

§ 37-183. Exceptions for companies qualified prior to May 12 1947. 

The provisions of §§ 37-181 and 37-182 are not intended to be retroactive 
or to apply to any company doing business in this State prior to May 12 1947 
if such company maintains the capital and/or surplus it had on January 1 
1947. 

1947 (45) 322; 1948 (45) 1734. 

§ 37-184. Bond or securities required ; suits on bond. 

The Commissioner shall require every company to deposit with him a bond 
approved as to form and sufficiency by the Attorney General or, in the discre- 
tion of the Commissioner, securities in the amount of twenty thousand dollars. 
Such bond or securities shall be conditioned to pay any final judgment entered 
up against any such company in any court of competent jurisdiction in this 
State on account of any loss or liability arising during the term of the bond 
or while the securities are so held and any judgment obtained shall be a lien 
upon such bond or securities. In case a bond is given a judgment creditor 
shall have the right to bring suit on the bond for the satisfaction of the judg- 
ment in the county in which the judgment is received. 

The amount of deposit required by this section will not affect the deposit 
of a company doing business in this State prior to May 12 1947, if such com- 
pany maintains the deposit it had on May 12 1947. The terms of this section 
shall not apply to domestic mutual non-profit protective associations writing 
coverage of any kind for the protection of their members. 

1947 (45) 322; 194S (45) 1734. 

Purpose. — The manifest intent of the solidated Indemnity & Ins. Co., 180 S. C. 

statute is to protect the interests of the citi- 279, 185 S. E. 731 (1936). 

zens of the State who enter into business Former statute held constitutional in 

relations with these insurance companies, State v. McMaster, 94 S. C. 379, 77 S. E. 

especially those which are denominated 401 (1912), affirmed in 237 U. S. 63, 35 S. 

"foreign corporations." Boynton v. Con- Ct. 504, 59 L. Ed. 839 (1915). 

[4 SC Code]— 21 321 



§37-135 Code of Laws of South Carolina §37-187 

For discussion of liability on bond gen- strued to mean a claim against the fund; it 

erally, under former statute, sec Boynton is a charge upon the fund as soon as entered 

v. Consolidated Indemnity & Ins. Co., 180 up as provided in said statute. Towers v. 

S. C. 279, 185 S. E. 731 (1936). Fidelity & Deposit Co., 180 S. C. 501, 186 

Limitation on liability of surety under S. E. 523 (1936). 
former statute. — See Robertson v. Metro- The statute bars all claims that have not 

politan Cas. Ins. Co., 84 F. (2d) 465 (1936). been reduced to judgment. Powers v. Fi- 

The lien herein provided for is a special delity & Deposit Co., 180 S. C. 501, 186 S. E. 

lien fixed by this statute, and the judgment 523 (1936). 

becomes a lien and becomes operative as And the judgment first obtained and 

soon as entered up in the court of com- duly entered shall be first satisfied out of 

petent jurisdiction: this statute simply does the fund, the date of entry of the judgment 

away with execution and levy and fixes a fixing the time of the establishment of the 

lien on the thing charged as soon as entered. Hen. Powers v. Fidelity & Deposit Co., 

and mandatorily provides for enforcement 180 S. C. 501, 186 S. E. 523 (1936). For 

by suit in the county in which recovered other cases relating to preference between 

Powers v. Fidelity & Deposit Co., 180 S. C. judgments under earlier statutes, see Wise 

501, 186 S. E. 523 (1936). v. Carolina Hail Ins. Co., 108 S. C. 504, 94 

The word "lien" as used in this statute S. E. 535 (1917); Ex parte McCabe, 190 

has a legal significance and cannot be con- S. C. 40, 2 S. E. (2d) 59 (1939). 

§ 37-185. Companies may make deposits to secure policyholders. 

The Commissioner in his official capacity shall take and hold, in trust, de- 
posits made by any domestic insurance company for the purpose of comply- 
ing with the laws of any other state to enable such company to do business in 
such state. The company making such deposit shall be entitled to the income 
thereof and may, from time to time with the consent of the Commissioner and 
when not forbidden by the law under which the deposit is made, change, in 
whole or in part, the securities which compose the deposit for other solvent 
securities of equal par value approved by the Commissioner. 

1947 (45) 322. 

§ 37-186. Return of deposit. 

Upon request of any domestic insurance company such officer may return to 
such company the whole or any portion of the securities of such company held 
by him on deposit when he shall be satisfied that the securities so asked to be 
returned are subject to no liability and not required to be longer held by any 
provision of law or purpose of the original deposit and he may return to the 
trustee or other representative authorized for that purpose of a foreign insur- 
ance company any deposit made by such company when it shall appear that 
such company has ceased to do business in the State and is under no obligation 
to policyholders or other persons in the State for whose benefit such deposit 
was made. 

1947 (45) 322. 

§ 37-137. Enforcing trust created by deposit. 

An insurance company which has made a deposit in this State, pursuant to 
this Title, its trustees or resident managers in the United States, the Commis- 
sioner or any creditor of such company may, at any time, bring an action in the 
circuit court for the county of Richland against the Slate and other parties 
properly joined therein to enforce, administer or terminate the trust created 
by such deposit. The process in such action shall be served on the officer of 

322 [4SCCode] 



§ 37-188 Insurance § 37-189 

the State having the deposit, who shall appear and answer in behalf of the 
State and perform such orders and judgments as the court may make in such 
action. 

1947 (45) 322. 

This section is not an exclusive statutory And the legislature did not intend to give 

remedy, but merely affords another mode the circuit court of Richland County ex- 

of relief which is cumulative. State ex rel. elusive jurisdiction in actions of this kind. 

Hutchinson, 1S2 S. C. 369, 189 S. E. 475 State ex rel. Hutchinson, 182 S. C. 369, 189 

(1937). S. E. 475 (1937). • 

§ 37-188. Unearned premium reserves. 

Ever}' insurance company, other than life and real estate title insurance com- 
panies, shall maintain unearned premium reserves equal to the unearned por- 
tions of the gross premium charged on unexpired or undetermined risks and 
policies. No deductions may be made from the gross premiums in force ex- 
cept for (a) premiums returned on risks terminated or reduced before expira- 
tion or (b) premiums paid or credited for risks reinsured with any stock or 
mutual insurance company, association or exchange doing the same or a 
similar kind of business, authorized to transact business in any of the states in 
the United States, if such company, association or exchange is and remains of 
the same standard of solvency and other requirements fixed by the laws of this 
State for companies, association or exchanges transacting the same classes 
of business within this State. The Commissioner may accept the valuation 
made by the company upon such evidence of its correctness as the Commis- 
sioner may require. If. in the opinion of the Commissioner, the above method 
does not produce an adequate reserve, he may require the company to cal- 
culate its unearned premium reserve upon the monthly pro rata fractional 
'basis or, if necessary, on each respective risk from the date of issuance of the 
policy and in case of premiums covering indefinite terms he may prescribe 
special regulations. 

1947 (45) 322; 1948 (45) 1734: 1949 (46) 600. 

§ 37-189. Same ; loss reserves. 

In any determination of the financial condition of any such insurance com- 
pany authorized to do business in this State, such company shall be charged, 
in addition to its unearned premium liability as prescribed in § 37-ltS, with 
a liability for loss reserves in an amount reported to it which arose out of any 
contracts of insurance or reinsurance made equal to the aggregate of the esti- 
mated amounts payable by it on all outstanding claims and the total amount of 
such charges shall be sufficient in the opinion of the Commissioner to cover 
all known and all estimated loss liability and expenses of every kind and 
nature, such amount to be computed in conformity with the regulations is- 
sued by the Commissioner from time to time, but in no event less than the 
amount required under the laws of the State in which such company is or- 
ganized. There shall be deducted, in determining such liability for loss re- 
serves, the amount of reinsurance recoverable by such company in respect to 
such claims from any stock or mutual insurance company, association or ex- 

323 



§37-190 Code of Laws OB South Carolina §37-193 

change doing the same or a similar kind of business, authorized to transact 
business in any of the stales in the United States, if such company, associa- 
tion or exchange is and remains of the same standard of solvency and other 
requirements fixed by the laws of this State for companies, association or 
exchanges transacting the same classes of business within this State. 
19-17 (45) 322; 19-48 (45) 1734; 1949 (46) 600. 

§ 37-190. Valuation of securities of insurance companies. 

All bonds or other evidences of debt having a fixed term and rate held by any 
insurance company authorized to do business in this State may, if amply 
secured and not in default as to principal and interest, be valued as follows: 
if purchased at par, at the par value ; if purchased above or below par, on the 
basis of the purchase price adjusted so as to bring the value to par at maturity 
and so as to yield in the meantime the effective rate of interest at which the 
purchase was made. But the purchase price shall in no case be taken at a 
higher figure than the actual market value at the time of purchase and the 
Commissioner shall have full discretion in determining the method of calculat- 
ing values according to the foregoing rule. 

1947 (45) 322. 

§ 37-191. Procedure when company fails to pay final judgment. 

If any insurance company shall fail to pay any final judgment rendered 
against it within fifteen days after such judgment becomes final, upon writ- 
ten application of the holder of such judgment the Commissioner shall give 
fifteen days' written notice to the company to pay such judgment and, upon 
the company's failure to so pay such judgment within such time, shall re- 
voke the license of such company to do business in this State and impound its- 
bond or securities required to be deposited under § 37-184 or § 37-605. In 
the event the Commissioner revokes the license of such company as^bove pro- 
vided, he shall take such steps as he may deem necessary for the protection of 
such company's policyholders in this State. Any such judgment creditor may 
proceed with the collection of his judgment out of such securities in the hands 
of the Commissioner or the bond filed with him, as he may be advised. 

1947 (45) 322; 1948 (45) 1734. 

§ 37-192. Commissioner as receiver. 

The Commissioner shall be appointed receiver in every case when a com- 
pany has become insolvent. In case of liquidation when it is necessary that 
a receiver be appointed, the Commissioner shall be the receiver. For the 
purpose of such appointment as receiver, the Commissioner shall have full 
access to all hooks and records of such company and may employ such legal 
counsel or assistance as he may deem necessary. 

1947 (45) 322. 

§ 37-193. Fire insurance company claiming lien must establish solvency. 

Any fire insurance company doing business in this State and claiming a lien 
upon the property insured for the premium for such insurance shall upon an 

324 



§37-201 Insurance §37-203.1 

action being brought upon such lien or to collect such premium, establish that 
protection had been had by the insured and that the company during the 
period of such insurance was solvent. 
1947 (45) 322. 

Article 5. 

Insurance Brokers. 

§ 37-201. Insurance broker defined. 

The term "insurance broker" as used in this chapter and chapters 1 and 2 
of this Title is declared to mean a person licensed by the Commissioner to 
represent citizens of this State for the placing of insurance in insurers li- 
censed in this State or in any other state or country. 

1947 (45) 322. 

Constitutionality.— See La Tourette v. L. Ed. 362 (1919). affirming 104 S. C. 501, 
McMaster, 248 U. S. 465, 39 S. Ct. 160, 63 89 S. E. 398 (1916). 

§ 37-202. Qualifications of brokers. 

Under the terms of this article only such persons may be licensed as are 
residents of this State and have been licensed insurance agents of this State 
for at least two years. 

1947 (45) 322. 

Constitutionality.— See La Tourette v. L. Ed. 362 (1919) affirming 104 S. C. 501, 
McMaster. 248 U. S. 465, 39 S. Ct. 160, 63 S9 S. E. 398 (1916). 

§ 37-203. Issue of licenses to brokers. 

An insurance broker may be licensed by the Commissioner upon the fol- 
lowing terms and conditions, to wit : 

(1) The payment of an annual Insurance Department license fee of twenty- 
five dollars : 

(2) The filing of a bond approved by the Commissioner in the sum of five 
thousand dollars for the faithful discharge of his duties : and 

(3) The payment to the Commissioner within ninety days after December 
31 of each year of an additional license fee of four per cent upon the premiums 
paid or written in the policies of companies not licensed in this State. 

1947 (45) 322. 

§ 37-203.1. Additional requirement for nonresident. 

The Commissioner may license a nonresident as an insurance broker upon 
application made in the form prescribed by the Commissioner and upon 
such applicant's filing an affidavit setting forth that he will not during the 
period of the license place, directly or indirectly, any insurance on any risk 
located in this State except through licensed agents of companies licensed 
to do business in this State, that he is a bona fide broker and that he proposes 
to hold himself out as such. 

1947 (45) 322. 

325 



§ 37-204 Conn: ov Laws of South Carolina § 37-209 

§ 37-204. Revocation of license of broker. 

When the Commissioner determines after investigation that there lias been 
any violation of any of the provisions of this Title by a broker he may, upon 
ten days notice, revoke the license of such broker. 

1947 (45) 322. 

§ 37-205. Expiration date of brokers' licenses. 

All licenses of brokers issued under the provisions of this article shall ex- 
pire March 31st of each year. 

1947 (45) 322. 

§ 37-206. Broker's license fees to be paid into State Treasury. 

The Commissioner shall pay over to the State Treasurer all license fees 
collected from brokers under the terms of this article in accordance with the 
law regulating like collections. 

1947 (45) 322. 

§ 37-207. Division of such fees. 

Semiannually, as soon after June 30th and December 31st of each year as 
may be convenient, the Commissioner shall render an accounting to the State 
Treasurer of the additional license fees collected under the terms of this article 
showing the counties and towns in which the property covered by such in- 
surance is located and shall furnish a duplicate of such accounting to the 
Comptroller General in such manner as shall permit the Comptroller General, 
who is hereby directed so to do, to draw his warrant on the State Treasurer 
for one fourth of such additional license fees payable to the county treasurer 
of the county in which the property is located. The amount so paid shall be 
for general county purposes. He shall likewise draw his warrant on the 
State Treasurer for one fourth of such additional license fees payable to the 
treasurer of the municipality in which the property is located and he shall like- 
wise draw his warrant for one fourth of the additional license fees payable to 
the trustees of the Fireman's Insurance and Inspection Fund of the municipal- 
ity in which the property is located. 

1947 (45) 322. 

§ 37-203. Effect of broker's license ; municipal license fees. 

A license issued pursuant to § 37-203 shall entitle the holder to solicit in- 
surance in any county of this State, but nothing herein shall prevent munic- 
ipalities from imposing license fees in accordance with their ordinances. 

1947 (45) 322. 

§ 37-209. Duties of brokers ; statements, reports, etc. 

An insurance broker shall exercise due care in the placing of insurance and 
shall procure from the supervising official in the State in which the home of- 
fice of the insurer is located a certificate to the effect that the insurer is safe 
and solvent and is authorized to do business. He shall furnish the insured a 
statement showing the financial condition of the insurer and such other in- 

326 



§ 37-210 Insurance § 37-221 

formation as the insured may require. He shall report to the Commissioner 
in detail the amount of insurance placed and the premiums paid therefor and 
shall pay to the Commissioner the additional license fee herein provided. He 
shall submit to the Commissioner within thirty days after December 31 of 
each year an annual report of his transactions and his books, papers and ac- 
counts shall at all times be open to the inspection of the Commissioner or a 
deputy appointed by him. 
1947 (45) 322. 

§ 37-210. Placing insurance with unqualified companies. 

No broker shall place any insurance with any insurer not licensed in this 
State without the written approval of the Commissioner and the broker shall 
write or stamp upon the face of each such policy of an insurer not licensed in 
this State the words "This company not licensed to do business in this State." 

1947 (45) 322. 

§ 37-211. Brokers may divide commissions. 

Any insurance broker licensed under § 37-203 may divide commissions with 
agents or brokers in other states or with any agent licensed in this State for 
any company doing the particular class of insurance desired to be placed 
through such broker. 

1947 (45) 322. 

§ 37-212. Adjustment of losses; inspections and endorsements. 

All losses occurring under policies placed through such an insurance broker 
may be adjusted by any licensed agent or adjuster in this State and all in- 
spections of property and endorsements on policies may be made by a broker 
licensed under the terms of this article or any other licensed insurance agent 
in this State authorized so to do. 

1947 (45) 322. 

§ 37-213. Penalties for violating article. 

Any person violating any of the provisions of this article shall, upon convic- 
tion, be fined not more than five hundred dollars, at the discretion of the pre- 
siding judge. Each risk written in violation of any of the terms of this article 
shall be considered a separate offense. 

1947 (45) 322; 1949 (46) 600. 

Article 6. 

Insurance Adjusters. 

§ 37-221. Licenses required for adjusters. 

Every person (commonly called an adjuster) adjusting losses for any insurance 
company licensed to do business in this State shall be licensed by the Commissioner. 
Every such person shall apply for a license on a form prescribed by the Commis- 
sioner. The Commissioner shall satisfy himself that such person applying for a 
license as an adjuster is a person of good moral character, has sufficient knowledge 

327 



§ 37-222 Code of Laws of South Carolina § 37-226 

of the insurance business and his duties as adjuster, has not violated any of the in- 
surance laws of the State and is a fit and proper person for such position. 
No license shall be issued to a nonresident adjuster who resides in a State re- 
fusing to license South Carolina adjusters. 

Agents licensed under article 7 of this chapter are not required to comply 
with the terms of this section. 

1947 (45) 322. 

§ 37-222. Fees for adjusters' licenses. 

The fee for an adjuster's license, as required by § 37-221, shall be ten dollars 
payable in advance. But whenever the laws of any other state of the United 
States shall require South Carolina adjusters to pay a license fee greater than 
the fee required in this State of nonresident adjusters, then in each such 
case nonresident adjusters are hereby required to pay an amount equal to 
the amount of such charges imposed by the laws of such State upon adjusters 
of this State. 

1947 (45) 322. 

§ 37-223. Revocation of license. 

When the Commissioner determines after investigation that there has been 
a violation of any of the provisions of this Title by an adjuster, he may, upon 
ten days notice, revoke the license of such adjuster. 

1947 (45) 322. 



§ 37-224. Expiration date for adjusters' licenses. 

Adjusters' licenses shall expire on the thirty-first day of March in each year. 
1947 (45) 322. 

§ 37-225. Adjusters represent the companies. 

Adjusters are hereby declared to be acting as the agents for the company 
or companies represented by them in the adjustment of any loss. 

1947 (45) 322. 

§ 37-226. Adjuster acting for unauthorized company. 

If any person shall act as adjuster on a contract made otherwise than as 
authorized by the laws of this State or by any insurance company or other 
person not regularly licensed to do business in the State or shall adjust or 
aid in the adjustment, either directly or indirectly, of a claim arising under a 
contract of insurance not authorized by the laws of the State, he shall be 
guilty of a misdemeanor and shall, upon conviction, be fined not more than 
five hundred dollars or imprisoned not more than two years, or both, in the 
discretion of the court. 

1947 (45) 322. 



328 



§ 37-231 Insurance § 37-233 

Article 7. 
Agents Generally. 

§ 37-231. License required. 

No person shall act as agent for an insurance company unless a license so 
to do has been issued to him by the Commissioner. 

1947 (45) 322. 

Effect of failure to procure license on of such contract, particularly in view of the 

agency contract. — The failure of a person fact that the insurer agreed to procure such 

contracting with the authorized representa- license and that the question of license did 

tive of an insurance company to work as not enter into his discharge. Brunson v. 

insurance agent to procure the license does Bankers' Nat. Life Ins. Co., 140 S. C. 31, 138 

not preclude his bringing action for breach S. E. 522 (1927). 

§37-232. License to foreign company permits appointment of agents; Com- 
missioner to be notified. 
A license issued by the Commissioner pursuant to article 2 of this chapter 
shall give to the company obtaining it the right to appoint any number of 
agents to take risks or transact any business of insurance in each county of the 
State. But the Commissioner must be notified of such appointment before 
such agent takes any risk or transacts any business, such notification giving 
the post office address and residence of such agent. 

1948 (45) 1734. 

§ 37-233. Who deemed agents of insurance companies. 

Any person who (a) solicits insurance in behalf of any insurance company, 
(b) takes or transmits other than for himself any application for insurance 
or any policy of insurance to or from such company, (c) advertises or otherwise 
gives notice that he will receive or transmit any such application or policy, 
(d) shall receive or deliver a policy of insurance of any such company, (e) 
shall examine or inspect any risk, (f) shall receive, collect or transmit any 
premium of insurance, (g) shall make or forward any diagram of an}' building 
or buildings, (h) shall do or perform any other act or thing in the making 
or the consummating of any contract of insurance for or with any such com- 
pany, other than for himself, or (i) shall examine into and adjust or aid in ad- 
justing any loss for or in behalf of any such insurance company, whether any 
such acts shall be done by an employee of such insurance company or at the 
instance or request of such insurance company, shall be held to be acting 
as the agent of such insurance company for which such act is done or risk is 
taken. 

1947 (45) 322. 

Companies may limit agents' powers. — cation except when the person making 

This section does not prohibit insurance the inspection is acting for the company 

companies who necessarily have to transact Feagin v. Royal Ins. Co., 122 S. C. 532, 115 

their business through agents from limiting S. E. 808 (1923). 

or restricting the power of such agents. The statements and conduct of a local 

Cauthen v. Metropolitan Life Ins. Co., 189 agent are admissible against the insurer on 

S. C. 356, 1 S. E. (2d) 147 (1939). the issue of waiver. Whaley v. Guardian 

Section applicable enly when agent acting Fire Ins. Co., 124 S. C. 173, 117 S. E. 209 

for company.— This section has no appli- (1923). 

329 



3 37-234 



Codf. of Laws of South Carolina 



§ 37-236 



In an action for damages on the bond of 
a contractor for failure to complete a build- 
ing, admitting a letter, written in reply to 
the plaintiff's letter to his uncle with refer- 
ence to the bond covering the building con- 
tract, was not erroneous, since under this 
section the uncle in procuring the bond was 
the agent of the surety company and not of 
the plaintiff. Simon v. /Etna Cas. & Sur. 
Co.. 151 S. C. 44, 143 S. E. 648 (1929). 

Receipt of premium by agent after policy 
lapsed. — Notwithstanding this section, the 
act of an insurer's soliciting agent in re- 
ceiving and receipting a premium on a 
policy after it had lapsed for nonpayment 
of such premium, did not prejudice the 
right of the insurer to insist on the forfei- 
ture, where the agent, to the knowledge of 
the insured and the beneficiary, had no au- 
thority, real or apparent, to receive the 
premium, and the application and policy 
provided for payment of the premium on 
delivery of a receipt signed by specified of- 
ficers, and provided that the agent taking 
the application had no authority to make, 
modify, or discharge contracts or waive 
any of the company's rights or require- 
ments, since the statute does not restrict 
the power of insurance companies to place 



reasonable limits upon the authority of 
their agents. Rabb v. Xew York Life Ins. 
Co., 108 S. C. 137, 93 S. E. 711 (1917). 

Agent's knowledge imputable to insurer. 
— An agent of a company who takes an ap- 
plication for insurance, receives the pre- 
miums, delivers the policy, notifies the com- 
pany of the loss, and inspects the ruins with 
the adjuster, is an agent whose knowledge 
of a forfeiture of the policy is imputable to 
the insurer. Norris v. Hartford Fire Ins. 
Co., 57 S. C. 358, 35 S. E. 572 (1900). 

Under this section an insurance agent, 
who, because he cannot write a policy in 
his own company, "brokers" it to the agent 
of another company, is the agent of such 
other company, and his knowledge is im- 
putable to it. Maryland Cas. Co. v. Gaffney 
Mfg. Co., 93 S. C. 406, 76 S. E. 1089 (1913). 

Where an agent of an insurance com- 
pany issued a policy having knowledge that 
another company, of which he was also 
agent, had a policy on the same goods, is- 
sued by his predecessor, his knowledge 
would be imputed to the latter company, 
and on its failure to cancel the policy, tend- 
ed to show waiver of a provision prohibiting 
other insurance. Madden & Co. v. Phoenix 
Ins. Co., 70 S. C. 295. 49 S. E. 855 (1904). 



§ 37-234. Applicants to be vouched for by companies; procedure when agent's 
contract canceled. 

All applicants for an insurance agent's license shall be vouched for by an 
oTicial or a licensed representative of the company fur which the applicant 
proposes to act, who shall certify whether the applicant has teen appointed 
an agent to represent such company and that such company has duly investi- 
gated the character and record of such person and has satisfied itself that he 
is trustworthy and qualified to act as its agent and intends to hold himself 
out in good faith as an insurance agent. When a contract of an agent is can- 
celed by the company represented, that company shall notify the Department 
of such cancellation within ten days stating the cause of such termination. 
Such record furnished by companies shall be for the use of the Insurance De- 
partment solely and not for public inspection. 

1947 (45) 322. 

§ 37-235. Fees for agents' licenses. 

The following fees shall be applicable to agents' licenses: each local agent, 
two dollars; state or special agent, five dollars; general agent, ten dollars. 
The fees shall be paid in advance. 

1947 (45) 322. 



§ 37-236. Examination for agent's license ; when not required. 

Before doing business in this State for any insurance company, association 
or society, each applicant for an agent's license shall stand an examination, 

330 



§ 37-237 Insurance § 37-239 

as prescribed by tbe Commissioner, on blanks furnished by the Commissioner. 
Such blanks shall require the following information : full name, age, resi- 
dence, qualifications for such license, knowledge of the insurance laws of this 
State, what experience in insurance the applicant has had, whether he ever 
had a license suspended, revoked or refused by any state, whether he has ever 
been in default in any indebtedness to any insurance company or ever had an 
agent's contract canceled and, if so, the reason for the cancellation and a 
complete history of his employment for three years prior to the date of the 
application, all of such information to be given under oath. Before issuing 
such a license, the Commissioner shall determine, from the examination, that 
the applicant for an agent's license is a person competent and trustworthy to 
engage in the classification of insurance business he intends to engage in. 

No applicant who was licensed to engage in the business of insurance in 
this State for the license period terminating March 31 1947 shall be required 
to stand a written examination so long as such agent continues to be licensed 
as an insurance agent. No special, state or general agent or agent of a com- 
mon carrier who sells only transportation ticket policies of accident and health 
insurance or baggage insurance on personal effects shall be required to 
stand a written examination. 

1947 (45) 322; 1950 (46) 2268. 

§ 37-237. Examination of agents for special types of insurance. 

If the applicant applies for a license to engage in any particular kind of in- 
surance business other than the business of life, health and accident, hospital- 
ization, title, fraternal benefit insurance or non-profit hospital service plan 
or represents only domestic mutual insurance companies whose operations 
are confined to not more than three counties in this State, such applicant shall 
also stand a written examination from which the Commissioner shall find 
that the applicant is actively engaged in or intends to engage in such insur- 
ance business with the general public, is reasonably familiar with the provi- 
sions, terms and conditions of the policies or contracts he proposes to solicit, 
negotiate or effect and is not seeking such license principally for the purpose of 
negotiating or writing insurance covering his own personal coverage and the 
coverage of members of his immediate family, his employer and his employees. 

1947 (45) 322. 

§ 37-238. Consultation with industry as to type of examination. 

The Commissioner may call in for consultation on the type of examination 
he shall prescribe for the various classes of insurance agents, representatives 
of the industry or representatives of the agents who shall receive no pay and 
who shall not have any authority in the administration of this Title. 

1947 (45) 322. 

§ 37-239. Agents under bond and salaried employees. 

Agents under bond may commence work upon notice of appointment from 
the company and the mailing of an application for a license to the Commis- 
sioner. Nothing in this article shall apply to salaried officers or employees 

331 



§ 37-240 Code of Laws of South Carolina § 37-245 

whose only duties are to solicit insurance business from, for or with a licensed 
local agent or licensed broker. All special, state or general agents shall be re- 
quired to obtain a license. 
1947 (45) 322. 

§ 37-240. When agents' licenses expire. 

Such licenses shall expire on March thirty-first of each year. 
1947 (45) 322. 

§ 37-241. Revocation or suspension of license. 

The Commissioner may revoke any such license after ten days notice or 
refuse to reissue a license when it shall appear that an agent has violated the 
laws of this State or has wilfully deceived or dealt unjustly with the citizens 
of this State. When upon investigation it is found by the Commissioner that 
an agent has obtained a license by fraud or misrepresentation, he may imme- 
diately suspend such license. 

1947 (45) 322. 

§ 37-242. Licenses not renewable if used primarily for personal coverage. 

No license may be renewed to any agent whose premium writings represent- 
ed by the premiums or contracts of insurance signed, countersigned, issued or 
sold by him for the general public during the preceding year shall not exceed 
those on insurance signed, countersigned, issued or sold by him covering his 
own personal coverage and the coverage of members of his immediate family, 
his employer and his employees. 

1947 (45) 322. 

§ 37-243. Medical examiners of companies exempt from license fee. 

No license shall be charged by the State or any county, city or town to any 
resident practicing physician in this State duly licensed to practice by the 
State Board of Medical Examiners for making medical examinations for life 
insurance companies of fraternal orders. 

1947 (45) 322. 

§ 37-244. Agent failing to exhibit license. 

If any agent of any insurance company shall, on demand of an}- person from 
whom he shall solicit insurance, fail to exhibit a certificate from the Com- 
missioner bearing the seal of his office and dated within one year from such 
demand, he shall be fined five dollars or imprisoned for ten days for each of- 
fense. 

1947 (45) 322. 

§ 37-245. Acting without license or otherwise violating insurance laws. 

If any person : 

(1) Shall assume to act either as principal, agent, broker or adjuster with- 
out a license as required by law, 

332 



§ 37-246 Insurance § 37-247 

(2) Pretending to be principal, agent, broker or adjuster, shall (a) solicit, 
examine or inspect any risk, (b) examine into, adjust, or aid in adjusting any 
loss, (c) receive, collect or transmit any premium of insurance or (d) do any 
other act in soliciting, making or executing any contract of insurance of any 
kind otherwise than as the law permits, or 

(3) As principal or agent shall violate any provision of this Title, the pun- 
ishment for which is not elsewhere provided, 

He shall be guilty of a misdemeanor and on conviction shall pay a fine of 
not more than five hundred dollars or be imprisoned for not more than two 
years, or both, at the discretion of the court. 

1947 (45) 322. 

§ 37-246. Nonresident agents forbidden; exception. 

No nonresident of the State shall be licensed as an agent to do business in 
this State, except as a special agent or organizer or a representative of a life 
insurance company and then only when he reports his business for record 
as South Carolina business to some general or district agent of his company 
in the State or having territory within the State. No such nonresident shall 
be licensed to represent a life insurance company in this State unless he is 
licensed to represent the same company in his home state and meets the licens- 
ing requirements of this Title. 

1947 (45) 322. 

§ 37-247. Resident agents required ; exceptions. 

All business done in this State by insurance companies doing the business 
of insurance as defined in this Title shall be transacted by their regularly au- 
thorized agents residing in this State or through applications of such agents 
and all policies, except life insurance policies, so issued must be countersigned 
by such agents. It shall be unlawful for any salaried officer, manager or other 
representative of any such company to transact for his company any of the 
business of a licensed agent for which such licensed agent receives a com- 
mission, unless he himself shall be a bona fide resident licensed agent. But 
nothing in this section shall be construed to prevent the use, in the discretion 
of the company, of a countersignature endorsement which on its face is identi- 
fied with the insurance contract for attachment to which it is issued and which 
on its face develops information in respect of such contract, including full 
premium information, sufficient for the countersigning agents' record and 
which shall be signed by the countersigning agent. Any such countersigna- 
ture by the duly licensed agent of the company originating a contract of in- 
surance participated in by other companies as co-sureties or co-indemnitors 
shall satisfy all countersignature requirements in respect of such contract of 
insurance. No provision of this section is intended to or shall apply to direct 
insurance covering the rolling stock of railroad corporations or property in 
transit while in possession and custody of railroad corporations or other com- 
mon carriers. 

1947 (45) 222; 1949 <46) 600. 

333 



§ 37-248 Code of Laws of South Carolina § 37-252 

§ 37-248. Penalty against company for violation of § 37-247. 

Any insurance company willfully violating or failing to observe and comply 
with any of the provisions of § 37-247 applicable thereto shall be subject to and 
liable to pay a penalty of live hundred dollars for each violation thereof and 
for each failure to observe and comply with any provision of said section such 
penalty may be collected and recovered in an action brought in the name of 
the State in any court having jurisdiction thereof. Should any such company 
neglect or refuse for thirty days after conviction to pay such penalty it shall 
be subject to the provisions of § 37-272. 

1947 (45) 322. 

§ 37-249. Representing unlicensed company prohibited. 

If any person shall unlawfully solicit, negotiate for, collect or transmit a 
premium for a contract of insurance or act in any way in the negotiation or 
transaction of any insurance with any insurance company not licensed to do 
business in this State he shall be guilty of a misdemeanor and upon conviction 
shall pay a fine of not more than five hundred dollars or be imprisoned for not 
more than two years, or both, at the discretion of the court. 

1947 (45) 322. 

§ 37-250. When agents personally liable on contracts of unauthorized com- 
panies. 

An insurance agent is personally liable on all contracts of insurance unlaw- 
fully made by or through him, directly or indirectly, for any company not 
authorized to do business in this State. A person who writes or signs any open 
policy, certificate, blank or coupon of, or furnished by, an unlicensed company, 
agent or broker, the effect of which is to bind any insurance in an unlicensed 
company on property in this State, is the agent of such company and personally 
liable for all licenses and taxes due on account of such transaction. 

1947 (45) 322. 

§ 37-251. Payment of premium to agent valid ; obtaining by fraud. 

An insurance agent who acts for a person other than himself in negotiating 
a contract of insurance is for the purpose of receiving the premium therefor 
the company's agent, whatever conditions or stipulations may be contained in 
the policy or contract. Such agent knowingly procuring by fraudulent rep- 
resentations payment, or the obligation for the payment, of a premium of 
insurance shall be punished by a fine of not more than five hundred dollars or 
be imprisoned for not more than one year. 

1947 (45) 322. 

The statements and conduct of a local Fire Ins. Co., 124 S. C. 173, 117 S. E. 209 
agent are admissible against the insurer on (1923). 
the issue of waiver. Whalcy v. Guardian 

§ 37-252. Agents signing certain blank policies. 

No agent shall sign any blank contract or policy of insurance and any agent 

334 



§ 37-253 Insurance § 37-252 

guilty of violating this section shall, upon conviction, be fined for each offense 
not more than two hundred dollars. 
1947 (45) 322. 

§ 37-253. Other offenses by agents. 

Any agent, collector or other person who (a) shall undertake or pretend 
to represent any insurance company licensed to do business in this State or 
collect or do business for such company without the authority of the company, 
(b) shall secure cash advances by false statements or (c) shall fail to turn over 
when required or satisfactorily account for all collections of such company 
shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined 
or imprisoned, in the discretion of the court. 

1947 (45) 322. 

§ 37-254. Splitting commissions with unlicensed persons. 

No licensed agent representing any company doing the business of insur- 
ance as defined herein shall pay, directly or indirectly, any commission, bro- 
kerage or other valuable consideration on account of any policy of insurance 
on any risk in this State to any nonresident, or to any resident not duly licensed 
to act as agent for the type of insurance involved. But agents licensed under 
this Title may write insurance at the request of other licensed agents or 
brokers or nonresident brokers and allow such licensed agents or brokers or 
nonresident brokers not exceeding one half of the commissions which they 
receive on the business written. 

1947 (45) 322; 1948 (45) 1734. 

Article 8. 
Uniform Unauthorized Insurance Act. 

§ 37-261. Acting as agent for unauthorized insurer prohibited. 

No person shall in this State act as agent for any insurer not authorized to 
transact business in this State or negotiate for or place or aid in placing in- 
surance coverage in this State for another with any such insurer. 

1947 (45) 322. 

The primary purpose of this article is to venience to either party and "according to 

afford to the parties to an insurance con- our traditional conception of fair play and 

tract judicial facility for settling controver- substantial justice". Storey v. United Ins. 

sies concerning it without undue incon- Co., 64 F. Supp. S96 (1946). 

§ 37-262. Aiding unauthorized insurer prohibited. 

No person shall in this State aid any unauthorized insurer in effecting in- 
surance or in transacting insurance business in this State, either by fixing a 
rate, by adjusting or investigating losses, by inspecting or examining risks, by 
acting as attorney-in-fact or as attorney for service of process or otherwise, 
except as provided in § 37-265. 

1947 (45) 322. 

335 



§37-263 Code of Laws of South Carolina §37-267 

§ 37-263. Insurance on out-of-state property by insurer not locally authorized. 

No person shall make, negotiate for or place or aid in negotiating or placing 
any insurance contract in this State for another who is an applicant for in- 
surance covering any property or risk in another state, territory or district of 
the United States with any insurer not authorized to transact insurance busi- 
ness in the State, territory or district wherein such property or risk or any 
part thereof is located. 

1947 (45) 322. 

§ 37-264. Exemptions from §§ 37-261 to 37-263. 

The provisions of §§ 37-261 to 37-265 do not apply to (a) contracts of re- 
insurance, (b) contracts of insurance covering risks of transportation and nav- 
igation, (c) contracts of insurance made through authorized surplus line agents 
or authorized surplus line brokers, (d) contracts of insurance written through 
a broker who is duly licensed in accordance with the provisions of §§ 37-201 to 
37-213 or (e) an insurer not authorized to do business in this State, or its rep- 
resentatives, in investigating, adjusting losses or otherwise complying in this 
State with the terms of its insurance contracts made in a state wherein the in- 
surer was authorized if (i) the property or risks insured under such contract 
were at the time such contract was issued located or resident in such other 
state and (ii) such representative or adjuster shall obtain written authority 
from the Commissioner to make such adjustments or investigations. A motor 
vehicle used and kept principally garaged in such other state shall be deemed 
to be located in such state. 

1947 (45) 322. 

§ 37-265. Commissioner agent for service of process on unauthorized insurers. 

The issuance and delivery of a policy of insurance or contract of insurance 
or indemnity to any person in this State or the collection of a premium thereon 
by any insurer not licensed in this State, as herein required, shall irrevocably 
constitute the Commissioner and his successors in office the true and lawful 
attorney in fact upon whom service of any and all processes, pleadings, actions 
or suits arising out of such policy or contract in behalf of such insured may 
be made. 

1947 (45) 322. 

The State in the exercise of its legislative the definition was not arbitrarily unreason- 
power had the right to define what acts oc- able and did not do violence to the truth. 
curring in the State would constitute the Storey v. United Ins. Co., 64 F. Supp. 896 
transacting of business therein so long as (1946). 

§ 37-266. Blank. 

§ 37-267. Actions by unauthorized insurers. 

No unauthorized insurer shall institute or file or cause to be instituted or filed 
any suit, action or proceeding in this State to enforce any right, claim or de- 
mand arising out of the transaction of insurance business in this State until 
such insurer shall have obtained a certificate of authority to transact insurance 

336 



§37-268 Insurance §37-271.1 

business in this State. Nothing in this section shall be construed to require 
an unauthorized insurance company to obtain a certificate of authority before 
instituting or filing or causing to be instituted or filed any suit, action or 
proceeding either in connection with any of its investments in this State or 
in connection with any contract issued by it at a time when it was authorized 
to do business in the State where such contract was issued. 
1947 (45) 322. 

§ 37-268. Prerequisites to pleading by unauthorized insurer. 

Before any unauthorized insurer shall file or cause to be filed any pleading 
in any action, suit or proceeding instituted against it such unauthorized insurer 
shall either (a) file with the clerk of the court in which such action, suit or 
proceeding is pending a bond with good and sufficient sureties, to be approved 
by the court, in an amount to be fixed by the court sufficient to secure the 
payment of any final judgment which may be rendered in such action or (b) 
procure a certificate of authority to transact the business of insurance in this 
State. 

1947 (45) 322. 

§37-269. Blank. 

§ 37-270. Motion to quash in such suit. 

Nothing in § 37-268 is to be construed to prevent an unauthorized insurer 
from filing a motion to quash a writ or to set aside service thereof made in 
the manner provided in §§ 10-426 or 10-426.1 on the ground either (a) that no 
policy or contract of insurance has been issued or delivered to a citizen or 
resident of this State or to a corporation authorized to do business therein, 
(b) that such insurer has not been transacting business in this State, or (c) 
that the person on whom service was made pursuant to § 10-426.1 was not doing 
any of the acts therein enumerated. 

1947 (45) 322. 

Company not transacting business. — of a new premium receipt book, this was 

Where a policy of insurance was applied not sufficient to subject the insurance com- 

for, issued and delivered in New York pany to the jurisdiction of the State courts, 

and the only transaction in this State was Sanders v. Columbian Protective Ass'n, 

the mailing of premiums and the receiving 20S S. C. 152, 37 S. E. (2d) 533 (1946). 

§ 37-271. Criminal penalty for violation of certain provisions. 

Any person violating any of the provisions of this article shall be guilty 
of a misdemeanor and shall be fined not more than five hundred dollars. 

1947 (45) 322. 

§ 37-271.1. Civil penalty for violation of certain provisions. 

Any insurance company which wilfully violates or fails to observe and 

comply with any of the provisions of this article shall be subject to and 

liable to pay a penalty of five hundred dollars for each violation thereof and 

for each such failure to observe and comply with any of such provisions such 

[4 SC Code]— 22 337 



§37-272 Code of Laws of South Carolina §37-282 

penally may be collected and recovered in an action brought in the name of 
the State in any court having jurisdiction thereof. 
1947 (45) 322. 

§ 37-272. Revocation of license for failure to pay civil penalty. 

Any insurance company which shall neglect or refuse for thirty days after 
conviction in any such action to pay and discharge any such judgment shall 
have its authority to transact business in this State revoked by the Commis- 
sioner and such revocation shall continue for at least one year from the 
date thereof. Nor shall any insurance company whose authority to transact 
business in this State shall have been so revoked be again authorized or per- 
mitted to transact business herein until it shall have paid the amount of such 
judgment and shall have filed in the office of the Commissioner a certificate. 
signed by its president or other chief officer, to the effect that the terms and 
obligations of the provisions of this article and § 37-247 are accepted by it 
as a part of the conditions of its right and authority to transact business in 
this State. 

1947 (45) 522. 

Article 9. 
Examinations, Investigations, Records and Reports. 

§ 37-231. Examinations of companies. 

As often as once in three years the Commissioner shall, personally or by 
the Deputy Commissioner or an Examiner, visit each domestic insurance com- 
pany and thoroughly inspect and examine its affairs, especially as to its finan- 
cial condition and ability to fulfill its obligations and whether it has complied 
with the laws. He may also make an examination of any such company when- 
ever he deems it prudent to do so, or upon the request of five or more of the 
stockholders, creditors or persons pecuniarily interested therein who shall 
make affidavit of their belief, with specifications of their reasons therefor, that 
the company is in an unsound condition. Whenever the Commissioner deems 
it prudent for the protection of policy holders in this State, he shall in like man- 
ner visit and examine or cause to be visited and examined by some competent 
person appointed by him for that purpose any insurance company applying 
for admission or already admitted to do business in this State and such compa- 
ny shall pay the proper charges incurred in this examination, including the ex- 
pense of the Commissioner or Deputy Commissioner and the expenses and 
compensation of his assistants employed therein. The Commissioner may, in 
lieu of conducting an examination in person or by deputy, accept an examina- 
tion conducted by the supervising official of insurance of the domiciliary state 
of the insurance company. 

1947 (45) 322; 194S (45) 1734. 

§ 37-232. Access to books, papers, etc.; examining officers, etc. 

Eor the purposes of § 37-281 the Commissioner, Deputy Commissioner or 
person making the examination shall have free access to all books and papers 
relevant to any such examination of an insurance company, including the rel- 

338 [4SCCodel 



§ 37-283 Insurance § 37-236 

evant books and papers kept by any of its agents or affiliated or subsidiary 
corporations or partnerships and may summon, administer oaths to and ex- 
amine as witnesses the directors, officers, agents or trustees of any such com- 
pany, agents, affiliated or subsidiary companies or any other person in rela- 
tion to matters relevant to such examination. 
1947 (45) 322. 

§ 37-283. Remedies for refusal to submit to inspection or pay expenses. 

The refusal of any insurer to submit to examination or the refusal or fail- 
ure of an insurer to pay the expenses of an examination upon presentation of 
a bill therefor by the Commissioner shall be grounds for the revocation or re- 
fusal of its license. The Commissioner is authorized to make public any such 
revocation or refusal of license as he may determine and to give his reasons 
therefor. The Commissioner shall promptly institute a civil action to recover 
the expenses of examination against any insurer which refuses or fails to pay. 

1947 (45) 322. 

§ 37-284. Opportunity for hearing on report of examination; when report be- 
comes public. 

Pending, during and after the examination of any domestic or foreign in- 
surance company neither the Commissioner nor any of his representatives 
shall make public or allow to be made public the financial statement, findings 
or report of examination or any report affecting the status or standing of 
the company examined until the company has either accepted or approved 
the final report of examination or has been afforded a reasonable opportunity 
to be heard thereon and to answer or rebut any statements or findings therein. 
Such hearing, if requested, shall be informal and private. If within thirty days 
after the final report of examination has been submitted to it the company 
examined has neither notified the Commissioner of its acceptance and ap- 
proval of the report nor requested that it be heard thereon the report shall 
thereupon be filed as a public document and shall be open to public inspection. 

1947 (45) 322. 

§ 37-285. Hearing and action thereon. 

If, within such thirty days, the company examined requests a hearing, a 
hearing shall be held within thirty days after receipt of the request of such 
company and thirty days thereafter the report as amended, modified or af- 
firmed shall be filed as a public document. 

1947 (45) 322. 

§ 37-286. Other powers to revoke or suspend license not affected. 

The provisions of §§ 37-284 and 37-285 shall not prohibit the Commissioner 
from taking any action provided for or from exercising any power conferred 
by any other provision of this Title to suspend or revoke the license of any 
insurance company. 

1947 (45) 322. 

339 



§ 37-237 Code of Laws of South Carolina § 37-290 

§ 37-287. Investigation of charges ; company to pay expenses. 

Upon his own motion or upon written complaint being filed by a citizen of 
this State that a company authorized to do business in the State has violated 
any of the provisions of this Title the Commissioner shall investigate the mat- 
ter and, if necessary, examine under oath, personally or by his accredited 
representatives, the president and such other officers or agents of such com- 
pany as may be deemed proper and also all books, records and papers of the 
company. In case the Commissioner shall find upon substantial evidence 
that any complaint against a company is justified, the company, in addition 
to such penalties as are imposed for violation of any of the provisions of this 
Title, shall be liable for the expenses of the investigation and the Commissioner 
shall promptly present the company with a statement of such expense. If 
the company refuses or neglects to pay, the Commissioner is authorized to 
revoke its license and to bring civil action for the collection of such expenses. 

1947 (45) 322. 

§ 37-288. Expenses of investigations, etc., to be paid by insurance companies; 
tax levy. 

Any expenses, including expenses of counsel, the Deputy Commissioners, 
detectives and officers, incurred by the Commissioner, the Deputy Com- 
missioner or any assistant deputy in the performance of the duties imposed 
upon him in the investigation into the causes of fires, the inspection of build- 
ings and premises and the investigation of charges of discrimination in rates 
shall be defrayed by the fire insurance companies doing business in this State 
and a tax of one-tenth of one percent on the gross premium receipts less 
premiums returned on canceled policy contracts and less dividends and re- 
turns of unabsorbed premium deposits of all fire insurance companies is hereby 
levied for this purpose, to be collected by the Commissioner as other taxes on 
fire insurance companies are collected. The Commissioner shall keep a sep- 
arate account of all moneys received and disbursed under the provisions of this 
section and shall include such account in his annual report. 

1947 (45) 322. 

§ 37-289. Publication of assets and liabilities. 

When any company publishes its assets it shall in that connection and with 
equal conspicuousness publish its liabilities computed on the basis required 
for its annual statements. And any publication purporting to show its capital 
shall exhibit only the amount of such capital as has been actually paid in cash. 
Any company or agent thereof violating the provisions of this section shall be 
punished by a fine in the discretion of the court. 

1947 (45) 322. 

§ 37-290. Record of business ; Commissioner may inspect. 

All companies, agents and brokers doing any kind of insurance business in 
this State shall make and keep a full and correct record of the business done 
by them, showing the number, date, term, amount insured, premiums and 

340 



§ 37-291 Insurance § 37-293 

the person to whom issued of ever}' policy or certificate of renewal. The in- 
formation from these records shall be furnished to the Commissioner on de- 
mand and the original books or records shall be open to the inspection of the 
Commissioner when demanded. 
1947 (45) 322. 

§ 37-291. Books and papers required to be exhibited. 

Any person having in his possession or control any books, accounts or papers 
of any company licensed under this Title shall exhibit them to the Commis- 
sioner or to any deputy, actuary, accountant or person acting with or for the 
Commissioner. Any person who shall refuse, on demand, to exhibit any such 
books, accounts or papers or shall knowingly or willfully make any false 
statement in regard to them shall be guilty of a misdemeanor and, upon 
conviction thereof, shall he fined or imprisoned, or both, at the discretion 
of the court, and all such replies shall be strictly confidential except for the 
purposes of prosecution for any false or fraudulent statement made to said 
Commissioner. 
1947 (45) 322. 

§ 37-292. Returns as to reinsurance by companies : effect of refusal. 

Every insurance company shall, at such times as the Commissioner may 
require, in addition to all returns required of its agents or managers make a 
return to the Commissioner in such form and detail as may be prescribed by 
him of all reinsurance or cessions of risk or liability ccntracted for or effected 
by it, whether by issue of policy, entry or bordereau, general participation 
agreement, excess loss reinsurance or in any manner whatsoever, upon prop- 
erty located in this State or covering, whether specified or otherwise, any risk 
or liability upon property so located. Such return shall be certified by the 
oath of its president and secretary, if a company, of the United States, and, if 
a company of a foreign country, by the oath of its managers in the United 
States as to such reinsurance or cessions effected through its branch office in 
the United States and by the oath of its president and secretary or by officers 
corresponding thereto, at its home office, wherever located, as to reinsurance 
or cessions as aforesaid contracted for or effected through the foreign office. 
The refusal of any such company to make the return herein required shall be 
presumptive evidence that it is guilty of violating the provisions of § 37-189 
and shall subject it to the penalties prescribed and imposed by §§37-112, 
37-24S and 37-272. 

1947 (45) 322. 

§ 37-293. Annual statement to be filed with Commissioner. 

Every insurance company shall file in the office of the Commissioner on or 
before the first day of March in each year, in such form and detail as the Com- 
missioner prescribes, a statement showing the business standing and financial 
condition of such company on the preceding thirty-first day of December, 
signed and sworn to by the chief managing agent or officer thereof before the 
Commissioner or some officer authorized by law to administer oaths. The 

341 



§ 37-294 



Code of Laws of South Carolina 



§ 37-295 



Commissione